Domestic Violence Injunctions – Part Two, The Relief which may be Granted
In last month’s article we explored the basics of domestic violence injunctions.This month we proceed into the relief the Court may grant if the Court finds a domestic violence injunction is appropriate. After a hearing, if the court determines an injunction is appropriate, the court must also rule on the following issues:1.whether the petitioner and respondent will have contact and, if so, under what circumstances; 2.whether petitioner or respondent will have exclusive use of the marital residence; 3.whether petitioner or respondent will have temporary custody of the parties’ minor children; 4.whether temporary visitation will be granted and, if so, whether the visitation will be supervised; 5.whether temporary child support will be ordered; 6.whether temporary alimony (also known as spousal support) will be granted; 7.whether other relief is necessary to protect petitioner.If the Court is to address these issues, the respondent must have reasonable notice.Reasonable notice is deemed satisfied by including said requests in the Petition for Injunction and properly serving the injunction on respondent.The Court will only prevent respondent from having any contact with the minor child if the Court determines no contact is in the best interest ofthe child after weighing the following:a threat of suicide, weapons owned, involved or accessible, threatened or fantasized homicide, or overt acts such as choking, hostage taking, extreme risk taking, preoccupation with petitioner, including stalking, hospitalization for mental illness or medication for mental distress, isolation of victim from family and/or friends, an obsession about losing the victim, and or alcohol or drug abuse.If the Judge decides to set some visitation schedule the Judge may require respondent to complete a class such as anger management or a psychological evaluation.If petitioner is seeking a monetary award such as child support or spousal support, a financial affidavit must be filed as the court will review petitioner’s need as well as respondent’s ability to pay.If support is ordered, it will be temporary and can be removed directly from respondent’s pay through an income deduction order to avoid unnecessary contact between the parties.Courts have wide latitude in determining what relief to grant if the court decides an injunction is appropriate.Attorneys can aid clients navigate through the hearing and help to ensure proper and complete relief is granted if the injunction is appropriate.
