Domestic Violence Injunctions

There is no greater abuse in the legal system than with the filing of domestic violence injunctions. People file them to settle personal vendettas or to esculate family feuds. Most of them are filed in child custody cases in order to gain an upper hand in their custody case. Although there are legitimate victims of domestic violence, most of the cases that appear in court contain little or no physical evidence. It is mostly just a "he said/she said" scenario." Filing frivolous DVI generally have no consequences. Unlike other areas of law in which a person can be responsbile for paying attorney fees to the prevailing party, there is no legal authority for a court to award fees. Therefore, a spiteful person can costs someone thousands and thousands of dollars by following numerous bogus claims without any repercussions.

Prevailing at DVI hearings is a crap shoot. Some judges follow the law and are hesitant to grant injunctions unless the evidence is compelling. Others, on the other hand, grant injunctions matter of factly in the hope of "calming the storm." This is dangerous because it enables those to abuse the system to continue to abuse the system. Many parents lose the ability to see their children just on the word alone of a spouse.

There is also no ability for the court to create peace when two sides are both wrong and should stay away from each other. A judge does not have the power to tell both sides to stay away from each other. Legally, the judge should deny the requested injunction, but because they are powerless to order the two sides to both stay away from each other, judges normally grant the injunctions in this case in hopes of keeping the peace. Unfortuantely, that gives a lot of power to the prevailing party who can now call the police anytime, make false allegations, and have the losing party put in jail.

In my opinion the law needs to be changed. Prevailing parties should be awarded attorney fees. This will stop people from filing frivolus actions against each other. Also, if a person files a Peititon, they should also be bound by the restraining order. If person A does not want person B around them, then they should not be going around person B either. IF person B is not allowed to text or call person A, then person A should not be texting person B. The Petition should be asking for an order preventing BOTH parties from contacting each other.

If you are ever bored, go to the Courthouse and watch a DVI hearing. It is like going to Jerry Springer Live!

Posted on Feb 02, 2017