Domestic Violence is often a part of many Family Law cases. Each Domestic Violence situation is unique and must be individually examined by the Court.
Prior to a Court making any decisions regarding Injunctions (commonly known as “Restraining Orders”), a Judge must consider whether the Petitioner (the person seeking the Injunction), has a legal right to ask for same and whether the allegations presented meet the statutory definition of “Domestic Violence.”
The Judge must also determine whether there is an immediate and present danger of Domestic Violence, as well as various issues related to custody and/or visitation if minor children are involved.
Once a Judge has made the above preliminary findings and either a Temporary Injunction has been issued or a Hearing has been set on the initial Petition, the Court will move towards issuing or denying a Final Injunction. At this point, the Judge will review any related cases with the same parties where provisions of other Injunctions may possibly conflict with the present circumstances.
Thereafter, the Judge will again examine the facts to determine whether the allegations are sufficient to support the immediate and present danger requirement of the Statute. If there are minor children involved, the Court may also make a determination as to appropriate visitation limitations. Finally, depending on the specific circumstances, the Judge may also order various rehabilitative programs such as Batterers’ Intervention, Anger Management, or Substance Abuse Evaluations.