What is relevant or important to a particular case is not always immediately apparent. It is important to hire an experienced Restraining Order attorney who knows what is relevant or important to your case and who also knows what factors the Judge is considering when making their final decision.
You stand a much better chance of winning your case if you have an experienced attorney by your side. When considering a petition for an Injunction from Domestic Violence/Stalking/Cyber Stalking/Sexual Violence/Dating Violence, the Court will consider the following factors:
Relevant Factors Considered by the Court in Injunction Hearings
When considering the petition for an injunction for protection from domestic violence, the court will consider the following factors:
- Whether the respondent engaged in any behavior or conduct that leads the petitioner to have reasonable cause to believe the petitioner is in imminent danger of becoming a victim of domestic violence.
- Whether the respondent has destroyed personal property, including, but not limited to, telephones or other communications equipment, clothing, or other items belonging to the petitioner.
- The existence of a verifiable order of protection issued previously or from another jurisdiction.
- Whether the respondent has a criminal history involving violence or the threat of violence.
- Whether the respondent has physically restrained the petitioner from leaving the home or calling law enforcement.
- Whether the respondent has used or has threatened to use, against the petitioner, any weapons such as guns or knives.
- Whether the respondent has intentionally injured or killed a family pet.
- Whether the respondent has threatened to conceal, kidnap, or harm the petitioner’s child or children.
- Whether the respondent has attempted to harm the petitioner or family members or individuals closely associated with the petitioner.
- The history between the petitioner and the respondent, including threats, harassment, stalking, and physical abuse.
At the conclusion of the hearing, the court will hear evidence about these types of factors and look at documents, including emails, text messages, or messages left on social media platforms like Facebook. Other evidence might include pictures, photographs, video, or recorded voicemail messages.
The Court will apply the relevant legal standards and decide whether or not to issue a Restraining Order and, if so, for how long and what the conditions are going to be. Oftentimes, these hearings are quick and short, but the results you will have to live with them for much longer. The better the attorney, the better the results!
What Evidence Is Required to Obtain a Restraining Order?
To obtain a restraining order, the plaintiff must provide sufficient evidence to demonstrate a credible threat or ongoing harassment, abuse, or violence. This evidence can include text messages, emails, photographs of injuries, or any other form of documentation that supports the claim.
Witness testimonies can also be valuable. The court hearing will assess this evidence to determine if a restraining order should be granted. The burden of proof generally lies with the plaintiff, who must convince the court that the protective order is necessary for their safety. Protective orders will help ensure the safety of the victim or the would-be victim.
How Quickly Can a Judge Issue a Restraining Order?
The speed at which a judge can issue a restraining order varies depending on the circumstances. In emergency situations, a temporary restraining order can be granted almost immediately, often within 24 hours, without the defendant being present.
This is often referred to as an “ex parte” order. However, for a more permanent solution, a court hearing is usually scheduled where both the plaintiff and defendant can present their cases. After evaluating the evidence and circumstances, the judge may issue a longer-term protective order.
It’s crucial to note that temporary restraining orders are generally short-lived, lasting until the court hearing for the more permanent order takes place.
What Types of Restraining Orders Are Available?
There are several types of restraining orders, each suited to different circumstances. Temporary restraining orders are issued quickly to provide immediate protection but are short-term. After a court hearing, if the evidence supports the plaintiff’s request, a longer-term protective order may be granted.
These can last for months or even years, depending on the jurisdiction and the severity of the situation. Some orders are specific to domestic violence situations, while others may be more appropriate for workplace harassment or stalking cases.
The type of restraining order granted will depend on the specific circumstances presented during the court hearing.
