Battery dating violence
The clerk of the court shall furnish a copy of the petition, notice of hearing, and temporary injunction, if any, to the sheriff or a law enforcement agency of the county where the respondent resides or can be found, who shall serve it upon the respondent as soon thereafter as possible on any day of the week and at any time of the day or night.
When requested by the sheriff, the clerk of the court may transmit a facsimile copy of an injunction that has been certified by the clerk of the court, and this facsimile copy may be served in the same manner as a certified copy.
The existence of such a relationship shall be determined based on the consideration of the following factors: The frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship.
There is created a cause of action for an injunction for protection in cases of repeat violence, there is created a separate cause of action for an injunction for protection in cases of dating violence, and there is created a separate cause of action for an injunction for protection in cases of sexual violence.
Upon receiving a facsimile copy, the sheriff must verify receipt with the sender before attempting to serve it upon the respondent.
Any such ex parte temporary injunction shall be effective for a fixed period not to exceed 15 days.
Our attorneys have extensive experience with these types of charges, both at the misdemeanor and felony level.
Our major practice areas include: Being charged with a violent crime is a serious matter, and many offenses carry minimum mandatory prison sentences and other negative consequences, which may include jail, probation, batterer’s intervention programs, damage to reputation, and a permanent criminal record.
A full hearing, as provided by this section, shall be set for a date no later than the date when the temporary injunction ceases to be effective.
The court may grant a continuance of the ex parte injunction and the full hearing before or during a hearing, for good cause shown by any party.
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These charges are highly defendable, and no person should attempt to resolve their case without first consulting with a criminal attorney.