An injunction is a court order sometimes called a "Restraining Order" that directs a person not to have any contact with you. It is one legal means of helping to protect a person from threats or acts of violence by another person. There are five (5) kinds of civil injunction petitions that can be filed with the Clerk of Court in your county: domestic violence, dating violence, sexual violence, stalking, and repeat violence. Each type has different requirements based on your relationship with the other person, and what occurred. Requesting protection requires filing a petition with the court and explaining what relief the protected person is asking for and why. Both parties will also be scheduled for a hearing to present their sides of the story to a judge. The hearing must be scheduled within 15 days of the date the injunction is filed. Making these cases extremely expeditious. This can be an emotional, scary, and frustrating time for all involved. Still, whatever your situation, you do not have to go through the process alone.
At the SOS Law Firm, we are dedicated to protecting the safety and rights of the people we serve. We provide strong and compassionate legal representation. Whether you are seeking an injunction or one has been filed against you, when you hire us, you can be confident that you will have an advocate on your side prepared to pursue a just solution for you.
An injunction is a court order protecting a person from someone who has committed violence against them and/or makes them fear for their safety. It does this by placing various restrictions on the perpetrator.
Possible orders in an injunction include, but are not limited to:
While a civil injunction is not criminal, a person who violates a civil injunction may be charged with a crime. A final injunction order, one issued after a hearing on the matter, may have serious consequences for the person it is issued against. It can affect the person's work, travel, and ability to own or possess a firearm.
If you seek protection, you must go through several steps to request an injunction.
The process consists of:
Our injunction attorney can stand by you at every stage in the process, helping prepare and file forms, preparing evidence, and representing you at the hearing.
Various situations can give rise to a request for an injunction. For instance, a person can seek one if they are being harmed by a family or household member or dating partner, harassed by a neighbor, or subject to malicious touching or comments every day by a customer at a coffee shop.
More specifically, the types of injunctions that can be sought include:
Although an injunction is a civil order, the person it’s issued against can face serious consequences if they violate it. They may be charged with contempt of court or a crime.
Protecting the safety of persons subject to harm is important. Unfortunately, not all requests for injunctions meet the requirements for an injunction. Some are initiated without a full understanding of the law. Others may be filed to avoid costs in other types of cases such as family matters or eviction matters.
If someone has asked for an injunction against you, you can present your case and fight the request at a hearing. The hearing is your opportunity to tell your side of the story. You must appear at the hearing. Otherwise, the judge can decide in the other person’s favor without considering your side of the story.
You may have evidence that counters the allegations against you. Civil Injunction hearings are governed by the rules of evidence. These rules regulate how evidence is offered to the court. If you are not familiar with these rules your evidence may not be accepted by the court and considered at your hearing.
Our injunction attorney can help prepare your evidence and represent you at the hearing to ensure your side of the story is heard by the judge.
At SOS Law Firm, we help victims of abuse get the protection they need against current or future harm. We also assist in contesting frivolous claims maintained by someone looking to have unwarranted restrictions placed on another individual. Our injunction attorney will assess your situation and determine how to develop and present your case.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.