Injunctions & Restraining Orders

Injunctions and Restraining Orders

Restraining orders, protective orders and injunctive relief can be an important component of child custody cases in situations where abuse and neglect is alleged. In some instances, obtaining this kind of relief in certain states can be problematic when there is an existing custody order that is in place. In many of these instances, a parties’ best option might be to file a motion to modify and/or make a hotline call.

Civil Injunction for Domestic Violence

Injunctions For Protection Against Domestic Violence are often referred to as Restraining Orders. If an individual has been the victim of domestic violence or there is an immediate and present danger that he/she will be such a victim, a temporary Injunction without notice can be sought. Injunctions can also be obtained for “Repeat Violence”, Dating Violence, Sexual Violence and Stalking. If a temporary injunction is obtained, the Respondent (individual who has been served), will have to vacate the marital home and appear for a hearing within 15 days.

Injunctions will not be issued if the allegations only claim verbal abuse. Injunctions can be obtained on behalf of a minor child by a parent.

Criminal Domestic Violence

Allegations of Domestic Violence can not only result in the issuance of an Injunction for Protection in Civil/Family Court; but can also result in criminal charges being filed against the accused. Domestic Violence charges can range from a misdemeanor (battery) to a felony (aggravated assault, aggravated battery). Regardless of the charge; arrest, detention and a possibly prison sentence can be sought by the prosecution. This should always be taken very seriously.

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