Protective Order Hearings
At Protective Order Hearings, a victim asks the court for an injunction or restraining order. A restraining order is a court order signed by a judge that can be served and enforced by law enforcement.
Any family or household member can file for an injunction with or without the help of an attorney.
Violations of injunctions may result in a criminal offense. Domestic violence may result in charges of assault & battery, and if convicted can mean imprisonment and payment of large fines.
The domestic violence victim can be living in the dwelling or living elsewhere. If you have a restraining order against you then you may be unable to return to your house even if you are the owner.
Battery penalties can include 60 days – 1 year in prison. A defendant convicted of domestic violence as a 2nd-degree felony charge can spend up to 15 years in prison. A 3rddegree felony can carry a sentence of 5 years imprisonment.
The sentencing can depend on the severity of the crime and other factors such as the use of a weapon or firearm, domestic abuse against a minor, or the use of illegal drugs during the commission of the crime.
Further, if you violate any terms of the injunction, you may go to prison for a term of up to 1 year for a 1st-degree misdemeanor.
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