Injunctions

There are various types of injunctions, each requiring different forms of proof. The most common is the domestic violence injunction. You typically see this type of injunction filed when a couple, married or not, has recently experienced some violence in the home. It is extremely important to realize that these types of injunctions are used as leverage in many divorce proceedings, especially where child custody is going to be an issue.

For example, a husband or wife may have decided, even before the domestic violence incident, that they are ending the relationship with their spouse. As a result of the domestic dispute your spouse might file a criminal charge, and a petition for an injunction against domestic violence. If a judge grants an injunction and you are successfully prosecuted in criminal court it could have a dramatic impact on child custody and visitation in family law court. That is why it is extremely important that you hire an experienced attorney to represent you if you are the respondent or the petitioner in an injunction proceeding.

Many people attend these hearings without a lawyer because they have very little experience in our system, and they are overconfident about the strength of their case. They may feel that the contact was minor, or that the "judge will believe my side because I am right". These cases many times come down to the credibility of the petitioner and the respondent. That is why it is so important that evidence is introduced in the proper and most effective way.

There may be evidence available to you as a respondent or a petitioner that you are unaware of because you are not a lawyer. Law enforcement may have collected photographs at the scene, or there may be a "911" tape that corroborates your side of the story. You should also consider that if the injunction Court grants the injunction against you (respondent), you will be forced out of whatever home or apartment you shared with the petitioner. Although you have the ability to represent yourself during these hearings, it is important to remember the far reaching effects of an injunction, and the advantage of having an attorney's representation.

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