Injunctions / Protective Orders

Injunctions and protective orders are orders of the court that are issued to prevent harm pending further hearings. If you are afraid that your spouse will beat you, take your money out of the bank, or run off with your children, the court can enjoin or prohibit these things by issuing an injunction. In some cases, the court will issue an injunction when the case is filed; in other cases, the court may require a hearing before deciding on issuing the injunction. If you disobey an injunction or a protective order, the court can put you in jail. Even if the judge does not put you in jail, you can be fined and the judge may have a hard time trusting you later when you testify. The police do not want to get involved in problems between spouses; but, if you show them an injunction, they may run the other party off. They have to act if you have a protective order.

If you are under an Injunction or Protective Order, you must follow the order. Failure to follow the order can result in your being put in jail. A Criminal Court Judge can put you in jail for years for an assault on the person protected by the order after a protective order or possibly an injunction has been issued.

If you are under an Injunction or a Protective Order, you may be the same as a felon as far as the Federal Firearms Act is concerned. Being a felon, receiving or possessing a firearm is a serious federal crime. If you have guns and are under a protective order, get them out of your possession and do not acquire any while the order is in effect.

A protective order deals with domestic violence and is stronger than an injunction, but you need a more complex and expensive legal process to get a protective order. If you need protection, I will get you an injunction. However, if you feel you need the extra protection of a protective order, tell me, and I will take the steps to get it issued.

If you are under a protective order, any assault on your spouse is an aggravated assault, which is a serious criminal felony. You must obey protective orders and injunctions even if your spouse tells you it is all right to ignore the order. That spouse may be setting you up for a trap. You must obey the order until the court modifies or vacates the order.

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