Filing a Domestic Violence Injunction is not an easy choice to make. In fact, sometimes it can put you more at risk if your abuser is not intimidated by a Court order or afraid of going to jail; thus, even when you are clearly entitled to an injunction, it is a decision that needs to be carefully considered. This is where the advice of a professional would serve you.
You also do not want to run the risk of filing an injunction that could later be deemed frivolous, not well-founded, and/or construed by the Court to have been an attempt to leverage yourself in a related divorce or paternity action – which is, unfortunately, enough of a common occurrence that judges know to look out for it.
In addition, law enforcement often tells people to file injunctions without necessarily knowing all the facts, or whether an injunction is legally warranted. If, however, you have been advised by Department of Children and Families (DCF) to act – do not hesitate to do so. Be mindful, though, you will have to verify for the Domestic Violence judge what you were told by the Child Protective Investigator (CPI), and that you are responsible for getting a report of the CPI’s findings to support your injunction.
If you are planning a divorce or paternity action, impetuously moving forward with a DV injunction without the benefit of reflection or advice runs the risk the Court finds your injunction is not well-founded, and could potentially adversely affect you in your parenting plan proceedings.
Process for Filing Once You Decide to File and Injunction
The first step in filing a DV Injunction is to file a petition in the circuit where either party reside, or where the incident occurred. The Court will review the petition and determine if there is basis to issue what is called a “temporary injunction” that will remain in place until a hearing can be set.
If a temporary injunction is issued, both it and the petition must be personally served upon the Respondent by the Sherriff’s Office. Along with that packet will be a date and time for the return hearing, which is typically within two weeks’ time.
At the evidentiary hearing, the Court will ask questions of each party and assess if there is just cause to enter what is called a “permanent” injunction but which, in fact, is typically only in effect for a period of a year. Depending upon the situation, the DV judge may also consider temporary child support or temporary time-sharing issues – and if you are in a court with unified family procedures often the DV judge will be the same judge who presides over your related case.
Should a temporary or permanent injunction be entered and the Respondent violate that injunction, there is the possibility they will immediately be sent to jail. Continued violations can result in even more serious consequences. Moreover, you cannot, once an injunction is entered, pretend it does not exist once the relationship improves; instead, you must go back to the Court and request a modification.
The lawyers at Heskin Martinez Law Group do not take injunctions lightly and we are here to help you through every step to ensure your safety. We will first put together a safety plan for you and then work with you to present the best case possible for success.
Falsely Accused?
Not everyone accused of domestic violence has actually perpetrated it. In fact, sometimes injunctions are wrongfully exploited as a means to obtain a Court order for exclusive use and occupancy of a home or to gain temporary majority time-sharing with a child. This abuse of process is curable in that there will be eventual consequence to an offending petitioner (i.e. the case may end up dismissed or they may end up with unfavorable rulings in related Family law matters). Nevertheless, it is important to address accusations even if you know they are false because permanent injunctions become part of your permanent public record.
Thus, even if you do not care about having contact with your accuser, it is important to contest the Petition if you have basis to do so. Given how quickly hearings are set after the temporary injunction, it is imperative that you get representation sooner rather than later, so that your attorney has sufficient time to prepare for the hearing.
Questions about Domestic Violence Injunctions? Call us at 407-403-5990 or contact us (below) to schedule your appointment
