Consulting with an attorney is crucial if you are considering filing for an injunction (restraining order), have filed for an injunction, or have been served with an injunction. Our firm has extensive experience with injunctions. Here are some issues to consider in each situation.
If You Have Been Served with an Injunction
The Court will have set a date and time for a hearing on the injunction. You will not have much time to prepare for the hearing so contact an attorney immediately. Injunction hearings are recorded and anything you say can be used against you in other family, civil, or criminal cases.
If You are Considering Filing an Injunction
You should consult with an attorney first. The Petition for Injunction requires you to write down facts under oath. Once you make these statements you cannot take them back. If you make an error or leave out important facts your chances of getting an injunction can be damaged. It can also impact a family law or civil case. If criminal changes are involved that criminal case can be damaged by a careless statement on your Petition for Injunction.
How to Apply for an Injunction
A domestic violence injunction is applied for through the Clerk of Circuit Court. You need to go to the local clerk’s office and ask about getting one. Although sometimes called a “spouse abuse” injunction, it is not restricted to married persons, but includes people who have either lived together or are living together as a family. The decision to get an injunction should not be made out of anger or taken lightly. It is a serious step that should be taken only if you or a member of the family has been a recent victim of violence by someone you live with. Even if you have left the house to avoid domestic violence, you can still apply for the injunction.
If You Have Already Applied for an Injunction
It is not too late to get an attorney involved. The hearing on the injunction is like a mini-trial. You have the burden of proving your allegations. If you do not know the Evidence Code much of what you wanted to tell the Court could be kept out of evidence and consequently your request for injunction denied by the Judge.
Our lawyers have over 100 years combined experience. Call today to set up your free consultation (321) 631-0506.
