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How should I respond to an injunction for protection?

On Behalf of | Aug 4, 2023 | Domestic Violence

If you face a domestic violence charge, you may receive an injunction for protection from the court. Also known as a restraining order, this is a legally binding order from the court that requires you to stay away and avoid all contact with the named individual.

An injunction for protection usually begins as a temporary order. You will have a chance to go before the judge and object to the order by showing evidence it is not a valid request. However, until you go to court and the judge dismisses the order, you must abide by it.

General terms of a protective order

The main point of an order is to ensure you have no contact whatsoever with the named individual. You should completely avoid that person, including no contact by text, phone or any other means. If the person shows up somewhere, you should leave. Be proactive about following the order.

Important points about the order

You will receive service of the order so that you know it is in place. Remember this is a civil matter, which means the criminal court is not in charge of it. However, if you violate the order, you could face criminal charges. It also means you cannot receive a public defender as your attorney.

Make note of the hearing date because this is when you can present evidence to the court that there is no valid reason for issuing the order. You also want to make sure to read through the order as it includes important details that will help you avoid violating the order and causing additional legal issues.

If you are also facing criminal charges associated with the situation, make sure to maintain your right to silence and not admit to anything in the injunction case.