Archive of September 2014

September 24, 2014

Domestic Violence Injunction- Does My Situation Meet the Criteria?

In the family law community clients often ask or seek to obtain Domestic Violence injunctions (protective orders). When individuals are in, or soon to be subject to, a family law case – whether a paternity or divorce – the tension is high and individuals are often acting at their worst. This can lead to aggressive behavior, obscenities, etc. When this occurs, many individuals question whether they should obtain an injunction. There are situations that clearly call for an injunction – when harm actually occurred, for example – but other times the threshold is not as clearly defined. One factor that the Court MUST look at is whether the respondent engaged in behavior or conduct that leads the petitioner to have reasonable cause to believe that he or she is in imminent danger of becoming a victim of domestic violence.

The case law is clear that the statutory requirement of imminent danger creates a defining factor for whether you will be able to secure the injunction. Shouting and/or obscene hand gestures, without an overt act placing the victim in fear, does not constitute the type of violence required for injunctions. Even a generalized threat without an overt act that indicates the ability to carry out the threat or justify the petition that violence was imminent will likely not constitute violence for the granting of an injunction.

If you are considering whether you need an injunction, Pates Law Group can assist in identifying the fact of your case which need to be presented to the judge. Call today. 

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