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.
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.