Domestic violence can exist in any relationship – regardless of gender.
Domestic violence abuse includes:
- Verbal or written threats and abuse.
- Any kind of physical violence.
- Coerced or forced sexual behavior or acts.
- Psychological or emotional abuse.
- Stalking someone in person, over the phone, or through the Internet.
- Disturbing the peace of another person, such as incessant texting.
If you are a victim of domestic violence, Leigh A. Kretzschmar will help you obtain a "kick-out" and a temporary restraining order (“DVRO”). A restraining order will direct the other party not to approach you, your home, work, or your vehicle. It may include your children under some circumstances. DVROs also prohibit a person from making any efforts to communicate with you, find where you live, terminate your cell phone, or transfer money or other property.
You may ask for a restraining order in the Family Court if you have been abused by:
- Someone you are dating.
- A relative.
- A spouse or ex-spouse.
- A romantic partner who you live or used to live with.
A restraining order can direct the restrained person to:
- Not contact you.
- Stay away from you, your family, or the people that you live with.
- Move out of your home.
- Pay child support, spousal, or partner support.
- Obey child custody and visitation orders.
- Not be allowed to possess a weapon.
Once a temporary restraining order (“TRO”)is issued, only the judge is authorized to revise or terminate the order at the hearing on the permanent restraining order. The TRO lasts until the next scheduled court hearing, at which time the judge will rule whether to continue or terminate the restraining order. If the person who is restrained violates the order, they can be charged with committing a crime.
If you are wrongfully accused, and a restraining order has been issued against you, Leigh A. Kretzschmar will respond to it and help you present evidence to prove your case. There are important filing deadlines to follow.
It is critical that wrongfully accused parties defend themselves against false allegations. If you simply ignore the case or choose not to appear, the restraining order will be granted which will have significant impact on your job and custody and time with your children.