No woman should ever have to worry about being a victim of a violent crime in her own home and at the hands of her own partner but unfortunately domestic violence cases are some of the most common cases before our Judges. We do acknowledge that men can also be the victims of domestic violence but for the purpose of this article we\’re going to refer to the victims as being female, because that is most commonly the case.
It\’s a sad fact of life but violence and abuse in relationships and marriages is incredibly common but fortunately there are laws in place to protect you so never be afraid to seek help – it\’s always there for you.
If you\’ve even considered getting a restraining order then there\’s very little point in us explaining why you\’re looking for one. However if you need some clarification on the types of crimes or actions which can be prevented by, and are reason for, an order of this type they include:
- Assault
- Battery
- Sexual assault
- Stalking
- Kidnapping
- False imprisonment
- Any crime resulting in physical injury or death
- Harrasment
There\’s some basic terminology you\’ll need to understand when seeking a restraining order against your partner or spouse. If you\’re the person looking for the injunction then you are the \”Petitioner\” and the person you want to be kept safe from is referred to as the \”Respondent\”. The \”Petitioner\” can seek a retraining order without the \”Respondent\” being aware of this and it\’s only when the actual petition for the order has been completed that the \”Respondent\” will be informed at all – this provides the \”Petitioner\” with additional security and peace of mind in the matter.
For most judges to look favorably on a request for a restraining order due to domestic violence then the actual acts of violence themselves must have occurred within the last 6 months – otherwise there\’s a risk that your petition may be denied. Judges are also aware that injunctions are sometimes used as tools of manipulation to prevent access to children or to force an ex boyfriend or spouse to pay more financial support. This, however, is not what they\’re intended for and if a judge finds you using an injunction as a \”tool\” we can assure you they won\’t be happy. They are designed to protect you from violence and not to be used as a tool for you to get your own way.
Where Can You File?
Actually filing for a restraining order is a pretty straightforward thing to do, and you can file in the county you currently reside in or the county where the violence actually took place. There are no specific residency requirements, generally speaking, for filing for a restraining order. There are also usually no costs involved, which is a benefit considering that in many cases the wife or girlfriend has had to flee the family home for her own safety and the safety of her children.
Once your petition is presented to a judge he can grant you what\’s called an Ex Parte Injunction, which is basically a temporary injunction based on your account of the violent incidents which have taken place. The \”Respondent\” will then be called before the judge to make his case and if the judge feels it necessary he will then place a final restraining order on the \”Respondent\” based on the criteria which are most suitable in a legal sense.
Never forget that if there\’s an immediate threat of violence you can and always should contact local law enforcement for help.