If you are the victim of domestic violence, immediately call 911. Police Departments take domestic violence very seriously. If you believe you are the victim of domestic violence you should strongly consider filing an application for a domestic violence restraining order. There are two preliminary determinations that must be made before filing for a Domestic Violence Restraining Order: (1) is there a domestic relationship between the victim and the perpetrator, and (2) did the victim suffer abuse?

A domestic relationship is essentially any familial relationship or any romantic relationship. A victim has suffered abuse if they have been physically attacked, verbally threatened with violence, physically threatened, repeatedly harassed, stalked, or sexually abused. Name-calling or cruelty is generally not considered abuse on their own.

Restraining orders are not automatic, and the length and scope of protection is within the Court’s sole discretion. At the trial you must prove to a judge that domestic violence occurred and that you should be protected as a result. This requires the presentation of evidence to the judge, and possibly questioning witnesses and being cross-examined by you’re the perpetrator.

You may file a domestic violence restraining order to protect yourself on behalf of your children. If you have children with the perpetrator of violence, the children will not be automatically protected unless they were also victims of the abuse. However, if they court grants the restraining order, a presumption may apply which will severely affect the restrained person’s ability to see their children, including supervised visits. Any custody and visitation orders made as a result of a restraining order, where not Paternity Action or Divorce is pending, are intended to be temporary.

As the victim of domestic violence, you need support and encouragement to do what is right to protect yourself and your family. Your friends and family cannot help you once you are in court, especially if you have to face your perpetrator and their lawyer. The attorneys at the Law Office of Coggins and Johnston will not only provide you with the expertise and advocacy skills you need when seeking a Domestic Violence Restraining Order, they will provide you with compassionate counsel during this difficult time in your life.

If you are accused of domestic violence you still have rights. Unfortunately domestic violence is often alleged to obtain an advantage in a custody or support dispute, or may be inappropriately exaggerated. If you are innocent of domestic violence you will be given the opportunity to defend yourself, and if successful, the restraining order will be dismissed. You must be ready and willing to defend yourself – doing nothing will almost assuredly mean the restraining order will be issued. Even if you admit to or simply cannot deny some of the allegations, you can still defend yourself to lessen the length and scope of the restraining order, including maintaining regular and unsupervised visitation.

The Family Law restraining order process is separate and apart from the criminal law process. You may be investigated by the police or charged by the District Attorney for domestic violence or related crimes. A criminal conviction will result in a restraining order and a criminal protective order. If you are contacted the police and you may have committed domestic violence you have the right to remain silent and invoke the right to speak to an attorney. Any statements given to the police could be used against you in both the criminal court and the family court.

Once you are accused of domestic violence you must take action to protect yourself. Even more important you must have trusted and reliable advice from attorneys with years of experience handling these matters. The Law Office of Coggins and Johnston will provide you with the right advice to avoid criminal prosecution and defeat the restraining order if you are in fact innocent, or if conviction or restraining orders are unavoidable, keep you out of jail and keep you in contact with your children.