A domestic injunction is a protective order filed by one individual against another for the purpose of legally establishing conditions and limitations of contact against the party the domestic injunction is administered to, with regards to the individual (or individuals) the domestic injunction is intended to protect. In order for a domestic injunction to be valid a judge has to grant the injunction. Additionally, the domestic injunction must be properly administered directly to that person by law enforcement, if the receiving party is not present in court at the time the domestic injunction has been granted. The reason for this is that a person cannot be considered in violation of a domestic injunction they have not been lawfully made aware of. Domestic injunctions are often referred to as a protective order, restraining order, or an order of protection.
The Purpose of a Domestic Injunction is to:
- To legally provide protection of one person from a viable threat or repeat actions of another.
- To inform the individual named in the injunction of the stipulations of the protective order outlining the limitations they have regarding the other party or parties.
- To provide official documentation of a pattern of history which may be used in a court of law in the event the injunction has been violated.
Because domestic injunctions are often associated with domestic violence or the safety of another, the courts take violations of an injunction very seriously. Law enforcement will typically act swiftly when investigating an accusation of an injunction violation, as the safety of our citizens are the primary objective of law enforcement officers.
It is certainly not uncommon for an individual to be wrongfully accused and/or arrested for a domestic injunction violation. Our law firm has seen all too often that innocent people are accused and/or arrested because of spite, a grudge, or to gain favor regarding ongoing child related legal issues. We will aggressively fight to have the domestic injunction violation dismissed, and when necessary, fight for your rights, freedoms, and innocence using every legal resource available under the law.
Due to the increased exposure of domestic battery and domestic violence issues by various local and national awareness groups, law enforcement and prosecutors are taking a strong stance against domestic battery, violence and abuse offenders.
Prosecutors are focusing their efforts to prosecute domestic battery offenders to the fullest extent of the law.
Depending upon the circumstances of the alleged incident, and evidence against you, a domestic battery, violence or abuse charge may often be accompanied with or include other criminal charges, such as:
- Assault and battery
- Sexual assault
- Criminal trespass
- False imprisonment
- Spousal rape
- Restraining order violations