Accusations of domestic violence can have several noticeable consequences. Obviously, if the party making the allegations involves law enforcement, the situation could rapidly spiral out of control.
Police officers might arrest one person involved in an altercation even though both people exchanged physical blows. People may also end up arrested days after aggressive interactions and could face criminal prosecution. Even if the person alleging that domestic violence occurred does not involve law enforcement authorities, their accusations could still have a major impact on the other party.
They could go to court seeking a restraining order. Also known as a protective injunction, a restraining order can have major implications for the person accused of domestic violence. What rights do those facing a temporary injunction for protection have?
People can respond in court
Frequently, restraining orders or protective injunctions begin with emergency or temporary orders. The person alleging that they experienced domestic violence, stalking or sexual assault may present the courts with evidence. The courts may consider evidence ranging from personal testimony and photographs of injuries to text messages that could constitute threats.
Frequently, temporary injunction proceedings do not involve the accused party. They take place relatively quickly after the request for the injunction, and the state does not involve the person accused of stalking, threatening or abusing the other person.
However, if the party seeking the injunction wants to pursue a final injunction, which lasts for longer, then the person accused of misconduct and potentially subject to restrictions under the injunction has the right to respond. In fact, they have the right to have a lawyer represent them during the court proceedings.
Making use of this right can significantly alter the outcome of the situation. An attorney can raise questions about the credibility of the evidence provided or the claims made by the party seeking the injunction. They can present evidence showing that the other party may have instigated conflict or that they have already violated the injunction by making contact with the other party.
The specific allegations and the history of the two parties can play a major role in the best strategy to employ. Ignoring an injunction hearing is likely not the best option. The courts may then grant the final injunction, which can leave the person accused of misconduct in a difficult position.
The record of the protective injunction could impact family law matters in the future. The injunction itself could limit their activities, from who they interact with on the internet to where they attend religious services. They generally have to avoid making direct contact with the party that sought the injunction.
Responding effectively to injunction hearing requests and other legal matters related to accusations of domestic violence is important for an individual’s protection. Those already subject to a temporary or emergency restraining order can assert themselves in court to defend their reputation and their freedoms.
