If you are accused of abuse by a family member or former family member, then there are two concerns which must be raised. The first concern is whether you have been or will be served with a domestic violence injunction ordering you to vacate the premises and to have no contact with the alleged abuse victim. If you are served with such an order, you must follow it and neither you nor the Petitioner can make any changes to it without going to court on the date in the injunction. There is nothing to be gained by flaunting the law other than the possibility that you will be arrested and jailed.
If you dispute the reasons for an injunction, you may challenge it. The order contains a date, time and place for you to appear. This date is within fifteen days of the Court’s order. If you do not appear, it will most likely become an order which will last until further order of the court. If you do appear, you have the right to bring legal counsel. You also have the right to a full hearing to resolve the issues.
IMPORTANT: Because domestic violence is a crime, whether you are arrested for the domestic violence and/or served with the injunction first, you should cooperate with law officers in providing your name and other basic information such as street address, date of birth, etc. But do not under any circumstances make any statements concerning the charges involved. Anything you say when being arrested or served the injunction can and will be used against you in court. As soon as you are permitted, call to make an appointment with one of our attorneys.
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