Domestic violence unfortunately is a very common occurrence. In fact, a woman is assaulted or physically abused in some way every 9 seconds across the United States. Every day more than 3 women are killed by their boyfriend or husband and it is estimated that approximately 10 million children observe domestic violence each and every year. Across the globe, at least 1 in 3 women are abused in some way during her lifetime. These numbers are staggering.
Despite the obvious problem with DV, awareness is relatively limited primarily because between 55 to 95% of women never report the abuse they are subjected to. If you are a victim of domestic violence or belief that you are in danger of becoming a victim, you can take action.
If you have been or are in danger of becoming a victim of domestic violence, you can file a DV injunction. Simply put, this injunction is a restraining order. Essentially this is a court document that orders an individual either to do something or to stop doing something.
This could come in the following forms:
This document can also order an individual to pay temporary child support. When you decide you need this injunction, you can file a request by filling out the Petition for Injunction for Protection Against Domestic Violence.
This injunction will only be granted if the individual you are accusing (called the respondent) is your spouse, former spouse, or someone related to you by blood or marriage. It is also valid for an individual you used to live with or have a child with. If the individual in question does not qualify under these classifications, it is considered to be repeat, dating, or sexual violence rather than DV. Once you obtain and fill out this form, you must sign it in front of a public notary or the circuit court clerk.
Be sure to keep a copy for yourself. Once the judge reviews your petition, the restraining order will either be granted or denied, depending on whether or not the judge believes you are immediate danger.
Since approval is directly tied to this concept, it is important to be aware of what actually constitutes immediate danger. When a judge looks at your situation he will be looking at a number of factors, including the history between you and the respondent and whether or not the accused has at any time attempted to hurt you or one of your family members.
If you have children, a judge will look to see if the accused has every threated to kidnap or harm the child. A few other factors include if the respondent has injured or killed a family pet, used or threatened to use weapons to harm you, has physically restrained you from leaving or calling the police, or has a history of criminal activity involving violence. The judge will look at the general situation to see if he or she believes you are in imminent danger.
Being a victim of domestic violence is a scary place to be. You may feel trapped and isolated and unsure of where to turn. Perhaps you are worried that if you take action, the reprisal will be even greater than what you are already experiencing.
Our team is here to comfort you and assure you that you can take legal steps to protect yourself. A DV injunction is designed to keep you safe and put a stop to the violence you are experiencing. If your abuser violates this order, you can have them arrested. Taracks & Associates has over 40 years of experience dealing with family law cases of all sorts.