Injunctions & Restraining Orders

Unfortunately, during divorce and child custody cases, involved parties can feel unsafe or even endure physical violence that may require a restraining order. This violence may include and is not limited to a committed felony, assault, battery, criminal damage to property, criminal trespass, stalking, and unlawful restraint. Injunctions and restraining orders are legal orders issued by a court to prohibit or restrict specific actions or behaviors of an individual or party. They are typically used in situations where there is a threat of harm, harassment, or potential danger to another person or their property.

Injunctions:

• • Definition: An injunction is a court order that requires a person or entity to refrain from engaging in certain actions or activities. It is a preventive measure aimed at preventing harm or injury before it occurs.
  • Types: There are different types of injunctions, such as:
    • Temporary Injunction: Issued on an emergency basis to provide immediate relief while a full hearing is scheduled.
    • Preliminary Injunction: Granted after a hearing and remains in effect until the final resolution of the case.
    • Permanent Injunction: Issued after a trial or settlement, and it remains in effect indefinitely or until further court order.
  • Purpose: Injunctions are commonly used in various legal contexts, including family law (e.g., to prevent domestic violence or stalking), labor disputes, intellectual property disputes, and business disputes, among others.

Restraining Orders:

• • • Definition: A restraining order is a specific type of injunction that is often used in cases of harassment, domestic violence, or situations involving a threat of harm. It is meant to protect a person from unwanted contact or proximity to the person causing the harm.
    • Types: Similar to injunctions, restraining orders may also be temporary or permanent, depending on the circumstances of the case and the court’s ruling.
    • Protection: Restraining orders offer a layer of protection and peace of mind to the person seeking protection by establishing legal boundaries that the restrained party must adhere to.
    • Violation: Violating a restraining order is a serious offense and can result in penalties, such as fines, arrest, or imprisonment, depending on the jurisdiction and the severity of the violation.

It’s important to note that the specific laws and procedures for obtaining injunctions and restraining orders can vary by jurisdiction. In both cases, the person seeking the order must typically demonstrate to the court that there is a genuine threat or harm that warrants the issuance of the order. Legal assistance from an attorney is often recommended to navigate the process and ensure the proper documentation and evidence are presented to the court.

If you or someone you know is currently in a domestic violence situation or fears for their safety, please seek help immediately. Your well-being is of the utmost importance. Reach out to a trusted friend, family member, or a local support organization. If you are in the United States, you can contact the National Domestic Violence Hotline at 1-800-799-SAFE (7233). This hotline operates 24/7 and provides confidential support, resources, and safety planning for those affected by domestic violence. Remember, you are not alone, and there are people ready to assist you during this difficult time.