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Domestic Violence Injunctions
If you are the victim of domestic violence, which can include physical assault or battery, stalking behaviors, or any physical injury to your or a member of your household, you can petition the court to grant you an order of protection to prevent your abuser from inciting further domestic violence. Because you are the one filing the petition, you are called the petitioner. The history between you and your abuser, the existence of a family or romantic relationship, any physical or verbal threats, and any history of violence will all be taken into account by the judge who decides whether or not to grant your petition. If you are granted an order of protection it will probably be “ex parte” or without hearing from the other side. This order will only be in place for 15 days. Afterwards, the other party, called the respondent, will have the opportunity to respond to your petition at a hearing, where the judge will decide whether to extend the order and make it permanent.
If you have been granted a temporary order of protection, contact our office today for a consultation to learn more about what will happen at the hearing for a permanent order of protection and how to ensure you and your family remain safe from domestic violence.
If you are served with a temporary order of protection due to domestic violence, it is important to understand your rights and responsibilities. Protective orders based on domestic violence can only be issued if the petitioner and respondent have a relationship by blood or marriage, which means that you are currently or were once married, share a child (whether or not you ever lived together), or are the current or former in-law of the other party. If your child’s other parent was granted a temporary order of protection, it may prevent you not only from contacting or coming near them, but also from contacting your child. If you’ve been served with an order of protection, contact our office today for a consultation so that you understand what you need to do to prepare for the final hearing and ensure the best possible chance that the relationship between you and your children will not be interrupted.
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Fill out the contact form or call us at 305-358-8003 to schedule your free consultation.