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All too often, once romantic relationships or loving family members can turn violent. If you are the victim of domestic violence, you may fee emotionally hopeless or financially trapped into remaining in these dangerous relationships. The Hymowitz Law Firm is here to help.
Many times the victim of violence can feel emotionally overwhelmed or that they are not strong enough to take action to protect themselves or their children. At the Hymowitz Law Firm, we understand the importance of having a compassionate yet strong attorney by your side. We will explain to you the process step by step, help you complete the necessary court papers and petition, and then go with you to present your case to the judge. When appropriate, the court may enter an ex parte restraining order to give you immediate protection until the hearing on your petition. If you have children with the respondent, we can assist you in developing a safety focused parenting plan to present to the court.
An injunction or restraining order is available to protect in the following situations:
Domestic violence – any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
– “family or household member” means a husband, wife, ex-husband, ex-wife, blood relative residing in the same household or any other person you are, or were, residing with as if family. You may also obtain a restraining order against a person with whom you had a child, whether you are living together or not.
Repeat violence –two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner’s immediate family member.
Stalking– two or more harassing actions that cause emotional distress but serve no legitimate purpose), you have the right to apply for an injunction for your protection.
Dating Violence – violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature existing within the past 6 months.
Sexual Violence – any one incident of sexual battery, lewd or lascivious act, luring or enticing a child, sexual performance by a child, or any other forcible felony wherein a sexual act is committed or attempted.
Just as there are important reasons to obtain protection against violence, it is equally imperative to have an expert family law attorney represent you when an injunction or restraining order is sought against you. The entry of a restraining order against violence can have numerous unimaginable effects on your life. For example, you can be required to move from your home, your employer may be required to terminate you or potential employers may be precluded from hiring you. The injunction can even lead to negative consideration by a court deciding your rights regarding your children (custody, visitation time sharing). If you have been served with a petition for injunction against violence, it is important to immediately consult with a family law attorney regarding your rights and defense. If you have been served with any form of restraining order or injunction against violence, you MUST NOT contact the petitioner directly or indirectly (telephone, e-mail, text, internet post or through mutual friends or family) as such contact can result in your immediate arrest for violating a restraining order.
If you are the victim of violence, are in fear of becoming the victim of violence or you have been served with a request for a restraining order, contact the Hymowitz Law Firm at (954) 228-3002 or use our contact form to speak to a family law expert about your case.
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