How To Avoid Criminal Charges From A Domestic Violence Injunction
An injunction is a court order telling one person to cease contact with another person
. In domestic violence cases, it is ordered against a husband or wife, boyfriend or girlfriend, mom or dad or child, uncle, nephew, etc. This list is not all-inclusive. Many other relationships can lead to situations where obtaining a domestic violence injunction is appropriate.The circumstances surrounding domestic violence injunctions are usually riddled with strong emotions. In many cases, injunctions allow an individual who is in harm's way to gain a sense of control and safety. In contrast, a conniving person could try to use an injunction to punish an old enemy. It is often difficult to determine whether an injunction is being obtained as a power play in abuse of the system or because a person is legitimately in danger. The judiciary generally proceeds with caution when it comes to granting a requested injunction as long as the statutory requirements look like they are met.
If you find out there is an injunction naming you, take this very seriously and be careful with everything you do. If you disregard the injunction, an already bad situation can become ten times worse and you may end up spending time in the county jail. Under these circumstances, the only person who can protect you is yourself. Below are ten general concepts you should review and understand if you know there is an injunction in place against you:
1. Read the Court Order - it informs you what you may and may not do.
2. Follow the Court Order.
3. Avoid any accidental run-ins with the person who obtained the injunction (the "petitioner").
4. Don't use any social networking sites, telephone, email, letters, etc. to contact the person who was granted the injunction. the petitioner.
5. Do not return a phone call, text message, or anything else from the petitioner.
6. Don't use any third party to contact the person moving for the injunction.
7. If you end up at the same location with the petitioner, immediately leave.
8. Do not drive past the petitioner's residence.
9. Avoid any behavior that can be construed as harassing behavior.
10. Use your common sense and exercise self-control.
Some of these concepts are obvious but their importance is paramount. By following these directions, you are in a better place to avoid getting criminally charged.
If you currently have charges pending against you for the violation of a domestic violence injunction, be cautioned that Aggravated Stalking charges may be right around the corner if you continue to violate the terms and conditions of the Temporary Injunction or the Permanent Injunction. Aggravated Stalking is a second degree felony and carries a possible 15 year prison sentence.
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