Domestic Violence Injunctions (Restraining Orders)
If you are involved in a violent relationship, or if violence has been perpetrated upon your children, you may want to consider seeking an injunction for protection against domestic violence, repeat violence or dating violence. If you have been falsely accused of domestic violence, then you need the guidance of an experienced family law attorney to guide you through the process of defending against a request for an injunction against you.
Sometimes an injunction for protection against domestic, repeat or dating violence is called a restraining order, but whatever the title, it is a Court order/judgment that orders the person who is found to be violent to stop being violent, and it can also prohibit that person from contacting the other party, or going near the other party, their children, the other party’s place of work, etc. In some circumstances the Court may also require the person found to be violent to leave the home shared by the parties, and provide for temporary support, is otherwise allowed by law.
Sometimes an injunction for protection against domestic, repeat or dating violence is called a restraining order, but whatever the title, it is a Court order/judgment that orders the person who is found to be violent to stop being violent, and it can also prohibit that person from contacting the other party, or going near the other party, their children, the other party’s place of work, etc. In some circumstances the Court may also require the person found to be violent to leave the home shared by the parties, and provide for temporary support, is otherwise allowed by law.
How is Violence Defined?
There are several statutes which protect against domestic, repeat and/or dating violence which may apply to violence in relationships, depending on whether the parties are married, are dating, or are simply living together. In general, however, “domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member. Repeat violence is generally more than one of the foregoing acts of violence occurring by a person against a non-family member.
Even if a person has not been physically harmed, the conduct complained of may still be defined as violence, depending on all of the circumstances, and if the Court finds that the person seeking the injunction is in immediate danger of becoming a victim of violence.
Even if a person has not been physically harmed, the conduct complained of may still be defined as violence, depending on all of the circumstances, and if the Court finds that the person seeking the injunction is in immediate danger of becoming a victim of violence.
How Will the Court Decide Whether There Has Been Violence?
Some of the factors the Court will consider are:
- The history between you and the other party, including threats, harassment, stalking, and physical abuse
- If the allegedly violent party has attempted to harm the other party or his/her family members
- If the allegedly violent party has threatened to conceal, kidnap, or harm a child
- If the allegedly violent party has intentionally injured or killed a family pet
- If the allegedly violent party has used, or has threatened to use, any weapons such as guns or knives against the other party
- If the allegedly violent party has physically restrained the other party from leaving the home or calling law enforcement
- If the allegedly violent party has a criminal history involving violence or the threat of violence
- If there have been prior orders of protection issued against the allegedly violent party
- If the allegedly violent party has destroyed personal property of the other party (e.g., telephone, clothing, or the like)
Cross-Petitions for Injunctions
If you have been accused of violence, but you believe that it is the other party who is actually the violent one, you have the right to seek your own injunction against the other party, even though that party is accusing you of being the violent one. The same factors and definitions that apply to the other persons request for an injunction will apply to your request for one.
