Domestic Violence is a serious issue that needs to be resolved through the Court if you feel you are in imminent danger based on previous physical violence, threats, or stalking. You can be granted an Injunction for Protection Against Domestic Violence (more commonly known as a restraining order) if you an convince the court that your fear of the violent person is reasonable.
You have a right to request an Injunction for Protection against spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
Your local county courthouse has a department where you can file for an Injunction for Protection. Once you file, your written request will be reviewed by a judge and, if there are grounds, the judge will grant you a temporary injunction or a period of two weeks. This temporary injunction will be served by the sheriff's office on the other party and a court hearing will be scheduled exactly two weeks from the date you filed, where you will be given an opportunity to testify in person before the Court regarding your allegations and why you feel an injunction is necessary. The other party will be give an opportunity at that Court hearing to either agree to the injunction or defend his or her self.
It is STRONGLY RECOMMENDED to have an attorney present with you at such a hearing!
The Law Office of Summer R. Nichols is extremely experienced in these types of hearings, the testimony that is needed, and the evidence or witnesses that will be permitted to assist you with making your case. Contact us today for a free consultation to discuss getting you relief from violence and fear of violence!