We often get calls from potential clients seeking restraining orders against others who are harassing or physically threatening them. In the family law arena, these are known as “Injunctions for Protection Against Domestic Violence.” To obtain a domestic violence injunction, an individual is required to prove that he or she is under imminent threat of physical harm or injury. A party seeking a domestic violence injunction has a significant burden to prove imminent danger. Mere concern or worry about another’s conduct or potential conduct are not enough. Neither are angry words. If a domestic violence injunction is issued against an individual, he or she is prohibited from coming within less than 500 feet of the aggrieved party’s home, residence or other places that party frequents. Domestic violence injunctions are indefinite in nature and can only be lifted after a request by the enjoined party to dissolve the injunction or by the agreement of the aggrieved party who feels the threat has passed.
When a couple is having marital or domestic problems, tensions can increase and aggression may result. If you are genuinely fearful of your partner as a result of his or her words or conduct, we may be able to help you. In many instances, an immediate temporary injunction is entered without a hearing the same day that it is applied for The Judge will hold a full hearing on the matter at a later date within two weeks time.
You do not have to be married in order to seek a domestic violence injunction. Injunctions may issue in the context of many types of domestic relationships, such as co-occupants of the same home, dating couples and parent-child relationships. Similarly, you do not need to be filing for a divorce or living separately at the time you seek a domestic violence injunction. In fact, you need not ever have to file for divorce after seeking a domestic violence injunction.
Violence within relationships is a serious and dangerous matter which should not be dismissed. Some times, it may be preferable to discount aggression or violence as acting out in the “heat of the moment.” Nevertheless, a potential threat should never be minimized. At Alspector Family Law, we are here to assist you in obtaining judicial relief which will safeguard you and those in your care.