Domestic Violence Injunctions (Restraining Orders)
Domestic Violence Injunctions are court orders requiring a person not to threaten, batter or harass another. An injunction can require a party to have no contact with the person filing the injunction or limited phone contact. Further, at an injunction hearing, the Court can require a party to vacate a shared home or award temporary child custody. Because an injunction hearing requires 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 my different types of relationships including marriages, families, dating relationships or friendships. A party can 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 started by the Petitioner (the moving party) filing a notarized request with the local clerk’s office for a temporary injunction. This request is then reviewed 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 served 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 must 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 burden, 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 important to be represented through this process by a lawyer 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 needed to meet the required standard. If you are granted a hearing, it is extremely important to have a lawyer present 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 important to have a lawyer fight for your right to spousal support and child support.
It is extremely necessary if you are the Respondent to be represented by an experienced domestic violence injunction attorney. 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 lawyer can navigate 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 more information, contact Winston Law, P.A. at firstname.lastname@example.org or (561) 670-9375.