In most cases, victims are encouraged to obtain a Restraining Order or Domestic Violence Injunction. The alleged victim will be required to file a sworn affidavit with the clerk's office alleging prior violent behavior and fear of future violence. If a temporary injunction is issued, and most of them are, the sheriff's department will serve a copy of the temporary injunction upon the respondent notifying him of the conditions as well as a court date to appear before a judge.
The judge has the power to place life-altering conditions upon the respondent, which can last for one year or more. These conditions include:
- Not returning to the residence
- Not having contact with the alleged victim
- Altering visitation of shared children
- Altering child support/alimony
- Prohibit being to a particular area
- Surrender all firearms
- Other conditions
If you are accused of violating any of the conditions in place in an injunction, you could face criminal prosecution, which includes up to one year in jail.
My firm works to prevent its clients from suffering any of the embarrassing and inconvenient conditions often associated with domestic violence injunctions and restraining orders. We make every effort to prevent the imposition of the injunction altogether and defend all alleged injunction violations. These are some of the questions that must be asked:
- Were there any independent witnesses that contradict the victim
- Has the alleged victim changed their mind about the injunction
- Is there independent evidence of the victim's bad character
- Did the victim make sworn statements that can be proven to be false
- Was the victim the aggressor in the incident
- Can the violation be dismissed by completing a diversion program
- Can we impact the prosecutors charging decision
- Can a plea be negotiated to a lesser charge
- Is the client eligible for the Domestic Violence Deferred Prosecution Program
Remember, if you are found guilty of violating the terms and conditions of a domestic violence injunction, the charge will remain on your criminal record for your lifetime. It is important to consult with an attorney who has experience with domestic violence injunctions. Help preserve your individual rights. Contact us today.