Sadly, this is an imperfect world and bad things can happen to good people. When someone is at risk from another individual, it can be highly distressing. There needs to be a line drawn in the sand, and a safe distance at which the offending party is kept.
This will frequently involve the courts, and it can be enforced by a Restraining Order. According to legal professionals, an Injunction is designed to keep one person away from another. The vulnerable person is called the petitioner and the person allegedly responsible for the threat or danger is called the respondent. The Injunction will be produced by the court following legal proceedings if sufficient evidence has been provided. This article will now set out some scenarios where an Injunction can be pursued.
1. Domestic Violence
This could be occurring inside or outside the home. There could be threats conveyed over the telephone, internet, or social media. The person making the threats could be in a relationship with the petitioner or previously have been. The stereotypical view is that the offenders are always male, but this is not totally the case.
Someone can seek an injunction for any distressing behavior, including kicking and punching, or rape. If an individual is bullied into staying indoors or if their partner is maintaining full control over their finances, an Injunction is also applicable. Violence can be actual or threatened against a partner, family member, or pet.
The judges would consider all the evidence and allegations, plus any police reports. Photographic evidence would also be relevant. A temporary Injunction would be made until the court case occurs. If an Injunction is successfully served, it could create additional issues for the respondent. They may struggle to find jobs if they involve children, the elderly, or the use of firearms.
Related: How to Prevent Workplace Violence? Most Common Types and Action Steps
2. Repeat Violence
This relates to two or more acts being perpetrated within six months by the same person. There is a whole catalog of disturbing behavior relevant here, including kidnapping, assault, and battery or sexual assault. Stalking can also be placed under this umbrella.
An injunction can be applied for, provided the circumstances don’t qualify for a domestic violence Injunction. The prohibitions resulting from the restraining order would include no contact or communication. A distance of at least 500ft from each other should be constantly maintained. The respondent must not be the owner of a firearm or bullets. The judges would decide how long the Injunction should be in force, be it for half a year, a year, or for perpetuity.
3. Sexual violence
This could be a sexual act that occurred without the consent of the victim. It would, therefore, be classed as rape. A child could be lured or enticed by a perpetrator. The threat of FGM (or Female Genital Mutilation) would also warrant a valid Injunction. Emotional elements are treated seriously by the courts too, such as distress and humiliation being inflicted, or persecution occurring because of someone’s sexuality. The respondent could be a partner, family member, or a whole community.
The legal proceedings are often criminal cases because criminal charges often result from the Injunction request. A family law attorney would be the correct professional to approach in the first place.
4. Dating Violence
Date rape is a disturbing practice, and dating violence can be inflicted by people of both genders. Two people may be courting when the issues unexpectedly arise. An Injunction could be created to stop threats and verbal abuse as well as physical and emotional harm.
The petitioner would need to ask the local court for a temporary restraining order. This would mean that protection could be put in force until the case could be heard in court. A distance of at least 500ft would have to be maintained between the two parties. The respondent must also keep the same distance away from the petitioner’s car.
5. Stalking
Stalkers are sinister characters who may be watching a person repeatedly from a distance, or venturing onto their property and tampering with things. The fear of bodily harm can be for one’s self and one’s family, and create emotional distress for everyone living in the house.
The respondent would first be served with a court order and an ex parte (temporary) restraining order. They would be requested to attend a court hearing. A successful stalking Injunction will endure for up to three years. It will be valid right across the state, and it may even be valid in others too. If circumstances change, the petitioner can cancel it at any time.
If the respondent violates the order, this will be classed as a first-degree misdemeanor. A fine of up to $1,000 could be demanded, and up to a year in prison or probation could be enforced.
6. The Exploitation of Vulnerable Adults
Sadly, the most vulnerable people in our society are sometimes victims of the abuse of others. Vulnerable adults are people over 18 who have some form of disability, be it physical or mental.
The culprits can range from partners or family members to carers or service providers. Sometimes it’s a neighbor who is acting out of line, a volunteer, or even a total stranger. The abuse can be physical, psychological, or sexual. Burns, bruises or fractures can give the game away, or if the victim is withdrawn or not wanting to be touched.
Institutional abuse can consist of bullying or neglect. Patients may be exposed to unhealthy temperatures or denied the treatment they desperately need.
Some Injunctions are permanent. The process for obtaining these varies with each federal and state court. Some of the considerations would be if the petitioner has suffered an irreparable injury or if the law cannot adequately compensate them. The public interest would also be considered when making the final decision.
In many cases, attorneys can represent their clients and help set in place a suitable protection mechanism. If successful, a temporary Injunction will be followed by a Final Injunction at a later date. This should enable the petitioner to live a safer and less stressful existence.
It is encouraging to know that we have a legal system that can look at the evidence and take action to keep harmful people away. If the offending person ignores the Injunction, there will always be legal repercussions.
