Domestic Violence and Restraining Orders

Too often, a dissolution of marriage begins with an altercation of domestic violence. Domestic violence is defined as assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any other criminal offence resulting in physical injury or death of one family or household member by another family or household member.

If somebody has been the victim of domestic violence or is an imminent threat or fear of becoming a victim of domestic violence, that person should file a petition for injunction against domestic violence in order to obtain a restraining order. The filing party must prove that he/she was either a victim of domestic violence or is in fear of an imminent threat of violence. To prove that a victim is in fear of an imminent threat of violence, that threat must be actual. It must be a threat that can be carried out.

When a party files a petition for injunction for protection against domestic violence, the court is required to set a hearing within 14 days – meaning that you, the petitioner, must be ready to prove the domestic violence within 2 weeks of filing. The court will also decide whether to issue a temporary restraining order against the accused offender, which would force him/her to vacate your residence. For anyone who has received a temporary restraining order, you must be prepared to defend yourself in order to avoid a final injunction for protection against you in favor of the petitioner.

The lawyers at Johnson Ritchey Family Law Firm have extensive experience in litigation with domestic violence matters. Contact us today.