Domestic Violence is broadly defined as a pattern of abusive behaviors by one or both partners in a domestic relationship. If one is a victim of Domestic violence, they may seek future protection by filing an Application for a Domestic Violence Restraining Order. A Domestic violence restraining order is basically a legal injunction that requires a party to do or not do certain acts. The length of the order and the scope of protection is determined by the court. One who refuses to comply with a domestic violence restraining order will face criminal or civil penalties and possibly, prison sentences. A domestic violence restraining order obtained through the family courts is different than a criminal restraining order or criminal protective order.
Before one may file a request for a Domestic violence restraining order, two requirements must be met:
- A relationship is considered domestic if it is between family members, romantic partners, or the parents of a child.
- There must be a domestic relationship The filing party must have suffered abuse
One is considered to have suffered from abuse if they have been a victim of physical aggression such as kicking, shoving, biting, hitting, restraining, slapping, throwing objects, or threats thereof. Sexual or emotional abuse, intimidation, neglect, controlling or domineering behavior, stalking, and even economic deprivation are also considered abuse.
Children who are also victims of the domestic violence will also be protected by the restraining order. Even in situations where the children aren’t victims if the court orders a restraining order against a parent, the restrained
Parent’s rights to their children will be severely affected because there’s an automatic presumption against them as a result. Whether you are the victim or the accused in a domestic violence matter, you have rights, need support, and someone to help resolve the situation and find solutions to prevent recurrence.
Our firm specializes in working with families and the many common problems that arise within them, including domestic violence.
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