Domestic Violence Injunctions - Part One, The Basics

Any family or household member who is the victim of an act of domestic violence or, if the person has not yet been the victim of actual physical abuse, has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence, can petition the court for a domestic violence injunction.  The injunction must be sworn and must allege specific facts and circumstances upon which the injunction is based.  Generally, a Judge will review the injunction petition on the same day it is filed.  The Judge will then set an evidentiary hearing where the Judge will determine if sufficient factors are present to grant the injunction.  If granted, the injunction may be permanent but, more often, will be for a period of 6 months to 1 year.  In some circumstances the Judge will grant a temporary injunction to be in effect from the date of filing the original petition until the evidentiary hearing. Clearly it is easier to prove cases in which there is verifiable, physical abuse with actual injuries or hospital visits.  However, Judges do not limit injunctions to such instances and will seek to determine if the petitioner has a reasonable belief he or she is in imminent danger.  Some factors the Judge considers in making this determination are:  the history between the petitioner and the respondent, including threats, harassment, stalking, and physical abuse; whether the respondent has attempted to harm the petitioner or family members or individuals closely associated with the petitioner; whether the respondent has threatened to conceal, kidnap or harm the petitioner’s child or children; whether respondent has intentionally injured or killed a family pet; whether respondent has uses, or has threatened to use, against petitioner any weapons such as knives or guns; whether respondent has physically restrained the petitioner from leaving the home or calling law enforcement; or whether the respondent has destroyed personal property of Petitioner such as a telephone or clothing.   If the Judge finds one or more compelling bases, an injunction will be granted.  A myriad of relief may be granted with the issuance of an injunction and will be discussed in subsequent articles.  Domestic violence is an issue Courts take extremely seriously and attempt to prevent future incidents whenever possible while balancing the risk of abuse within the system.  It should be taken equally as seriously by those who apply for protection.  Attorneys can aid in deciding whether an injunction is appropriate and should make time in their schedules for immediate consultations where domestic violence is an issue.