Domestic Violence Injunction Process
Family and household violence can be fraught with many difficult and intense emotions. When one spouse, partner, or family member is allegedly being harmed by the other, the alleged victim may make use of the domestic violence injunction process. An injunction is also known as a restraining order or no-contact order. Although securing the order is a civil process, it may have criminal implications. A Bradenton domestic violence injunction lawyer can help you fight against both the criminal and the civil aspects of an injunction. At Hanlon Law, we fight for the rights of the accused.Understanding the Domestic Violence Injunction Process
The domestic violence injunction process is the process by which an alleged victim of domestic violence can obtain a civil court order that stops a perpetrator from taking specified actions. The court has the power to enforce a restraining order if the person who is being restrained violates the order.
Some people do not realize the particular challenges that can arise as a result of restraining orders. It is important to realize that a violation of a restraining order or no-contact order can give rise to criminal charges. It may also affect custody determinations in a family law matter.
A domestic violence injunction is one of four types of civil injunctions. There are different requirements for each type of injunction, as a domestic violence injunction attorney in the Bradenton area can explain. The petition for a domestic violence injunction can be filed against any person who has lived with you as family, including anyone related to you by blood or marriage. It can also be filed against someone with whom the victim co-parents. For example, if the mother of your child claims that you hit her, she may be able to get an injunction even if you have never lived together.
As long as a family or household relationship exists between the victim and the perpetrator, the victim can petition for a domestic violence injunction on the basis of assault, battery, aggravated assault, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, false imprisonment, kidnapping, or other charges arising from physical injuries to the victim.
When evaluating whether to grant a temporary ex parte injunction, the court will evaluate whether the victim has reasonable cause to believe that they are in imminent danger of becoming a domestic violence victim. Factors to be considered include physical abuse, harassment, stalking, threats, attempts to harm the petitioner or their family or friends, threats to kidnap or harm the petitioner's child, intentional harm to a family pet, weapons use against the petitioner, whether the respondent has physically restrained the petitioner from leaving or calling the police, past criminal history, whether the respondent has destroyed property, and whether there are any prior protection orders issued. A Bradenton domestic violence injunction attorney can analyze how these factors may apply in your case.
When the facts in the petitioner's petition persuade the judge that the petitioner is a victim of domestic violence, the judge will sign a temporary injunction for protection against domestic violence. The temporary injunction is supposed to be served on you as the person to be restrained. It takes effect once you are served with a copy of it. The injunction lasts until there is a full hearing or for 15 days, whichever time ends sooner. However, the court can extend the temporary injunction for more than 15 days for good cause.
At the full hearing, you can testify about the facts in the alleged victim's petition. The court will decide whether to issue a final judgment of injunction for protection against domestic violence. The injunction takes effect for a specific time period.
The injunction can restrain you in many different ways. It may order that you refrain from committing acts of domestic violence, address temporary child support or timesharing, award a victim temporary exclusive use of a marital home, order you to complete a batterers' intervention course, and require you to surrender any weapons to law enforcement officers.Hire a Skilled Domestic Violence Injunction Lawyer in the Bradenton Area
The domestic violence injunction process can be challenging for a layperson to understand. Whether you are also being charged with a crime or not, you should secure counsel to represent you during this process as soon as possible. Our founder, Will Hanlon, has tenaciously and aggressively represented the accused since 1994. You can contact Hanlon Law at 941.253.0254 or via our online form.