At Underwood & Micklin, we believe that the rights of an alleged perpetrator of domestic violence should be protected. This is particularly true in situations where a complaint is false, the facts of the matter are in dispute or when each party may be considered to having served as both the perpetrator as well as the victim of the domestic violence incident. Underwood & Micklin has extensive experience in representing those against whom domestic violence complaints have been filed and we will advocate zealously on such clients’ behalf.
Ignoring or violating the conditions of a restraining order can lead to serious consequences, including limits on interactions with one’s children and potentially even arrest and jail time. Therefore, if you have been accused of domestic violence or have been issued a restraining order, it is important that you contact a qualified attorney as soon as possible.
How Do the Courts Determine if an Act of Domestic Violence has Occurred?
In reaching its decision on whether an act of domestic violence occurred, the trial court considers, but is not limited to the following factors:
- • The previous history of domestic violence between the parties, including threats, harassment and physical abuse
- • The existence of immediate danger to person or property
- • The parties’ financial circumstances
- • The best interests of the victim and any child;
- • In determining custody and visitation, the protection of the victim’s safety;
• The existence of a verifiable order of protection from another jurisdiction.
What Can the Courts Do?
According to the Domestic Violence Procedures Manual, there are any number of actions the courts may take in matters of domestic violence.
For the Victim:
- • Granting exclusive possession of residence
- • Granting temporary custody of children
- • Emergent support to victim, dependent(s)
- • Ongoing support to victim, dependent(s) (Final Restraining Order only)
- • Punitive damages (Final Restraining Order only)
- • Punitive damages to third parties (Final Restraining Order only)
- • Medical coverage to victim, dependent(s)
- • Rent or mortgage payments
- • Placing limitation on visitation and assessing risk to children posed by the defendant
- • Compensatory damage
- • Law enforcement accompaniment by either party to shared residence to supervise removal of personal belongings
Prohibitions against Defendant:
- • Prohibition from returning to scene of violence
- • Prohibition from future acts of domestic violence
- • Prohibition from locations where victim (and others) are employed or
- • Prohibition from any oral, written, personal or other form of contact with victim and others
- • Prohibition from making or causing anyone else to make harassing communications to victim and others
- • Prohibition from stalking, following or threatening to harm, to stalk or to follow victim and others
- • Payment of emergent monetary relief to victim and dependents
- • Defendant may be made subject to intake monitoring of conditions and restraints
- • Defendant may be ordered to psychiatric or other evaluations or treatment
- • Prohibition against possession of weapons including application to purchase firearm, permit to carry firearm and firearm purchaser identification
Domestic violence is a very serious matter. Therefore, if you have been accused of committing such an act, it is vitally important that you obtain the proper legal representation – preferably by an attorney(s) who is well-versed in family law and domestic violence. The attorneys of Underwood & Micklin have decades of just that kind experience. We are here to assist you.
To get more information, you can contact us at 877-580-2200, use the form at the right, or email us at email@example.com
Evening hours are available and we offer a FREE initial consultation.