What Is a Domestic Violence Injunction?

Violence in a relationship is an unfortunate fact that both men and women go through.

Some 41% of women and 26% of men have experienced physical or sexual violence from an intimate partner. These situations can get ugly and are, at times, downright dangerous.

You have legal recourse as long as you file a domestic violence injunction.

What is a domestic violence injunction? These tips will help you learn about this process to protect yourself and handle your legal needs.

What Is a Domestic Violence Injunction?

A domestic violence injunction is a legal term for what is often referred to as a restraining order. These orders of protection intend to keep your intimate party away from you if they have b been violent or abusive toward you in the past.

This is a legally binding filing by a judge, and penalties are involved if a person violates a restraining order. These orders are essential in helping people escape an abusive situation and can be the first step toward splitting and moving on with your life.

Know What Constitutes Domestic Violence

You need to learn as much as you can about domestic violence and its definition to have legal grounds for your filing and the enforcement of the order.

The legal definition of domestic violence will depend on where you live, but there are some commonalities that you can keep in mind. Some examples of actions that are considered domestic violence include:

• Physical assault and battery
• Stalking and intimidation
• False imprisonment and kidnapping
• Threats of harm
• Sexual assault
• Aggravated assault

Harm or violence toward children or other family members

If any of these apply, you most likely have a strong case for a domestic violence injunction. Document things to the best of your ability so that your filing is straightforward.

Understand What the Judge Will Look For

You want to put your best foot forward with a filing by knowing what the judge will look for. More than anything, they will observe your relationship with the person you're filing against and your history with each other.

They will explore the validity of your claim and will want to know how long it has been going on. In many of these situations, the judge will also assess the urgency of the threat. They are more likely to grant the order and grant it quickly if it appears that you are in immediate danger.

Express yourself clearly and undeniably to increase the chances of accepting your claim.

Consider the Types of Injunctions

There are a variety of injunction types that you should know about. Consider these injunctions to ensure you understand what is upheld and file the correct type.

The most common injunction is set up to keep you and your intimate partner away from each other. Once accepted, they will typically not legally be allowed within a certain distance of you. If you are married or living together, the injunction can also temporarily award you sole home access.

These injunctions can also extend to various forms of communication, such as online or by phone. The request can also include stipulations related to the care of the children and whether or not the partner is also a danger to the kids.

Depending on the nature of the threat, your partner might also be required to relinquish firearms or other weapons they own. They might also have to participate in courses for anger management and abuse intervention.

Get as specific as you can about your situation to ensure you include all of the necessary stipulations in your injunction.

Learn How to File for a Domestic Violence Injunction

Once you know what's at stake, never drag your feet when filing a domestic violence injunction. Find the help of a lawyer that can help you put together your filing and speak on your behalf.

Book a few Kissimmee injunction attorney consultations to get good legal advice. During the consultation, your attorney will make you aware of your legal rights and can help prove the validity of your restraining order.

They can also provide references of other clients they have helped and a breakdown of their experience and background in this area of law.

During the consultation process, make sure that you also ask your lawyer how much they charge and come up with an arrangement that works. Learn how to file a domestic violence injunction in your state and ensure you have all of your evidence compiled and are ready to move forward, take action, and, most importantly, end the relationship with your health and safety intact.

Your lawyer will also represent you after the fact to make sure the injunction is upheld. They can file a complaint with the courts or help you take other action if the order is violated.

Handle Your Legal Matters

The points in this article are worthwhile if you'd like to get a domestic violence injunction but don't know where to start. Use these tips to protect yourself and move forward with your life.

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