Domestic Violence Injunctions (Restraining Orders)
Domestic Violence Injunctions are court orders requiring an individual not to threaten, batter or harass another individual. An injunction can restrict a party from having contact with the person filing the injunction or limited phone contact. Further, at an injunction hearing, the Court can also require a party to leave a shared home or award temporary child custody. Because an injunction hearing must have evidence and witnesses, it is important for both victims of domestic violence and those accused of domestic violence to have representation at the hearing.
Injunctions against violence may become necessary in many different types of relationships including families, marriages, friendships, or dating relationships. A party may file for an injunction against domestic violence if they are victims of domestic violence or are in imminent danger of becoming the victim of domestic violence.
The process is begun by the Petitioner (the moving party) filing a notarized request with the local clerk’s office for a temporary injunction. This request is then assessed by the court. If it meets the required standard, a temporary order against domestic violence will be issued. This order requires the Respondent (the person accused) to stay away from the Petitioner. The Respondent is then presented with notice of a final hearing date. This temporary order lasts 15 days or until a hearing can be set by the court. At the hearing, the Petitioner has to prove that he or she is a victim of domestic violence or is in imminent danger of becoming a victim of domestic violence. If the Petitioner meets this requirement, the court will then enter a permanent order. This order usually requires the Respondent to stay away from the Petitioner, the Petitioner’s vehicle, home and place of business for a year. Additionally, the court can order a temporary timesharing plan, temporary spousal support and temporary child support.
If you are the Petitioner, it is very important for you to be represented during this process by an attorney experienced in Domestic Violence Injunctions. You will only have one chance to write your initial motion for an injunction and it is important that motion contain the proper language necessary to meet the required standard. If you are granted a hearing, it is extremely important to have a lawyer with you to present evidence on your behalf and help you prove that you are a victim of domestic violence or are in imminent danger of becoming one. It’s also essential to have a lawyer fight for your right to child support and spousal support.
It is extremely necessary if you are the Respondent to be represented by an experienced domestic violence injunction lawyer. A domestic violence injunction will restrict your personal freedoms, your ability to see your children and could lead to the filing of criminal charges against you. An experienced attorney can guide you through the process, make sure you do not make any incriminating statements, and defend you against the allegations.
If you or a loved one are considering filing for a Domestic Violence Injunction, or have had a Domestic Violence Injunction filed against you, or are interested in additional information, contact Winston Law, P.A. at email@example.com or (561) 670-9375.