Domestic Violence Injunctions
If you have been the victim of domestic assault, or fear for the safety of yourself or children, Orshan, Spann & Fernandez-Mesa provides compassionate support and the urgent legal representation you need.
If you or your child has been physically abused or threatened with domestic violence, our attorneys can help file for an initial domestic violence injunction. Provided the claims made are legally sufficient, the order may be granted by a judge, often ex-parte (without a formal hearing), within 24 hours of the request. Typically, the order requires the alleged abuser to move out of the home, and to have no contact with the spouse or partner. It can place additional restrictions on contact with the children and address other financial matters. Generally, the temporary injunction requires that a hearing on the merits of the case will be scheduled within 15 days.
About 15 days after a temporary domestic violence injunction is granted, a hearing is held to determine whether to continue the injunction. A permanent domestic violence protection injunction may be granted for several months to several years. The order may bar all communication and contact, or it may provide for supervised visitation with children.
While temporary orders are generally granted liberally, judges are more cautious in granting permanent injunctions. Such an order has enormous ramifications for custody, visitation, and divorce proceedings, and the court will require proof that abuse has occurred or that threats were real.
Do not go into one of these hearings without experienced counsel to represent you. In support of your request for an injunction, our skilled attorneys will prepare and submit documents to the court on your behalf and present your case to the court.