About Domestic Violence and Protection Orders Information Provided by a Family Lawyer

In every state, the court provides a system for securing a protective order in the event of domestic violence or abuse. The laws have various names, such as The Protection From Abuse Act or the Protection From Domestic Violence Act. Regardless of their names, these protective laws are designed to prevent offenders from committing domestic violence, and to impose temporary safeguards for the protection of dependent spouses and children. If you have been involved in a situation involving domestic violence, it is important to contact a family attorney.

In recent years, the domestic violence law has been expanded broadly to include many different kinds of offenses, such as assault, terroristic threats, false imprisonment, criminal restraint, sexual assault, criminal mischief, criminal trespass, harassment, and stalking. While it was common in the past for domestic violence cases to be filed by one spouse against another, these cases now encompass a wide variety of relationships, including unmarried parties with dating relationships, or unmarried parties who have had a child together.

Domestic relations laws vary from state to state. In almost every state, a temporary restraining order is issued based on only a minimal amount of evidence. A victim of domestic violence often calls police and is referred to a local magistrate, district judge, or municipal judge, who enters a temporary restraining order. These temporary orders are generally issued without the perpetrator being given an opportunity to testify or offer evidence in his defense.

However, in almost every instance, the temporary order requires both the victim and the alleged perpetrator to return to court for a final hearing, in which the judge hears all of the evidence from both sides, including any other witnesses with relevant evidence. At the final hearing, the judge decides whether to dismiss the temporary restraining order, or whether to renew it, extend it, or convert it to a permanent restraining order. In some states, domestic violence restraining orders automatically expire after six months, one year, or some other fixed period of time. The family lawyer at The Law Offices of Mark S. Guralnick can assist those who are seeking out domestic violence restraining orders.

Once a final restraining order or protection order is issued, neither the victim nor the perpetrator should attempt to communicate with the other party. Any such communications or attempted contact may be regarded as a violation of the restraining order. Violators can be held in contempt, and in fact, may be subjected to criminal penalties such as jail time and fines.

If two parties have reconciled and wish to drop their domestic violence case against each other, or to withdraw an existing restraining order, they should apply to the court to have the restraining order dismissed. This practice is much better than simply beginning to communicate because of the risk that one party will change his or her mind and attempt to enforce the restraining order against the other party as if that party violated it.

In some cases, the couple chooses to divorce after a domestic violence incident. If you are considering divorce due to domestic violence, our divorce attorney can examine your case.

Conviction under protection from abuse and domestic violence laws can have severe consequences. If you need assistance in a domestic violence case, please contact a family attorney or call 1-866-337-2900.