Domestic violence constitutes all kinds of abuse. It could include stalking, kidnapping, any physical harm to your body, mental abuse and restraint amongst others. If you are being accused of any form of violence by your partner or any other person in the family, it is possible for them to obtain an injunction or a restraining order, which mandates that you have to stay away from the person.
What Is Protection from Domestic Violence?
In order to get protection from any kind of domestic violence, it is necessary for the victim to obtain an injunction in order to be protected from this violence. This injunction has to be obtained from the court. If the court decides that the person may be in danger, they will pass an order which will help ensure that the abuser cannot go anywhere near the victim.
Temporary and Final Injunctions
When an injunction is filed with the court, there are two kinds of injunctions that may be granted.
Temporary Injunction: First, the court will usually grant a Temporary Injunction that will give the victim immediate protection from the abuser. The clerk will hand over the petition to the Judge and the Judge will decide if there is any immediate danger for the victim. If he or she feels that there is a danger of the person being subjected to any form of domestic violence before the hearing date, the temporary injunction is granted immediately. This injunction will come into force as soon as the court delivers the notice to the abuser and is for a limited period of time. These are usually granted for a maximum duration of 15 days.
Final Injunction: Once the entire hearing takes place, the Judge will decide as to whether permanent protection is needed from the abuser. If it is decided that the victim needs protection, a final injunction will be given. This injunction is longer than a temporary injunction. In some cases, it may be given for a specified period or in other cases, it may be permanent in nature and no end date will be provided. For final injunctions which do not have an expiration date, it is possible to end the injunction if either the victim or the abuser requests for relief to be granted.
If you are being accused of domestic violence, it is necessary for you to challenge this charge. The best option is to hire a good criminal defense attorney so that you can put together a strong case for the Judge. A Judge who believes that you are no threat to the person will not grant the injunction or restraining order for that person and you will not be subjected to any restrictions then.
The Law Office of Philip Averbuck is a criminal defense attorney office who believes in fighting for the accused. This office puts together a strong case and ensures that all their clients are represented to the best of their capacity. They are known for getting their clients freed from all kinds of charges and dismissing cases against them. Also check out our new page on Domestic Violence and Injunctions.