Domestic Violence, Stalking, and Restraining Orders

“Domestic violence” is a very serious issue in this country, and the law treats it with the seriousness that it deserves. 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 can form the basis for the entry of an injunction for protection against domestic violence. Moreover, such injunctions can also be entered for “repeat violence,” “dating violence,” or “sexual violence.”

Any person who is either the victim of domestic violence or who has reasonable cause to believe that he or she is in imminent danger of becoming the victim of domestic violence may seek an immediate temporary restraining order, or injunction, without notice. Violence of this type usually occurs between spouses, cohabitants, boyfriend-girlfriend, parents or siblings. In many cases, the temporary injunction will include, not only a “no contact” order, but also an order requiring the immediate removal, until further court order, of the alleged offender from the common home shared with the victim. A full hearing, with notice to the alleged offender and an opportunity to be heard and present evidence, will usually be conducted by the court within two weeks in order to determine if a final injunction should issue.

Many times, the incident giving rise to the issuance of the domestic violence injunction will also result in the arrest of the alleged offender for criminal charges, separate and apart from the issuance of an injunction. Moreover, an offender who violates a domestic violence injunction is subject to criminal sanctions.

As can well be imagined, a domestic violence situation can wreck havoc to the family unit. In many of these cases, the victim is fearful of reporting the incident to law enforcement, or of seeking the issuance of an injunction, because of intimidation, reliance on the offender for support, the belief that the offender didn’t mean it, or the belief that the injury was slight or couldn’t be proven. But law enforcement and the judicial system take these matters extremely seriously, and the repercussions can be great to the offender.

From practical work in this field, representing victims as well as offenders, in family court as well as in criminal court, the Law Offices of Robert L. Bogen understands the complexities of these domestic violence situations, and the sensitivities that guide the conduct and actions of both the victims (who many times are fearful of retaliation should they report the abuse) and the offenders (some of whom are falsely accused in order to gain leverage in related proceedings involving children).

Left to its natural course, with no intervention, domestic violence is known to escalate. On the other hand, those who are falsely accused can have their lives turned upside down if not properly represented. If you are involved in a domestic violence situation, time is of the essence. Call the Law Offices of Robert L. Bogen immediately if you have been the subject of domestic violence or if you have been accused of domestic violence. Time is of the essence. We have experience; we can help.