Read About What Judges Look For When Granting Domestic Violence Injunctions.:

In determining whether a petition has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic abuse, the court must consider and evaluate all relevant factors alleged in the petition, including, but not limited to:

1. The history between the petition and the respondent, including threats, harassment, stalking and physical abuse;
2. Whether the alleged abused has attempted to harm the alleged victim or family members or individuals closely associated with the alleged victim;
3. Whether the alleged abuser has threatened to conceal, kidnap, or harm the petitioner’s kid or kids;
4. Whether the alleged abuser has intentionally injured or killed a family pet;
5. Whether the alleged abuser has used or has threatened to use, against the petitioner any weapons such as guns or knives;
6. Whether the alleged abuser has physically restraining the alleged victim from leaving the home or calling law enforcement;
7. Whether the alleged abuser has criminal history involving violence or the threat of violence;
8. The existence of a verifiable order of protection issued previously or from another jurisdiction. Evidence of prior acts of domestic violence or abuse against other than the alleged victim has been impermissible use of bad character or prior acts of violence to prove propensity to commit instant violence and should be excluded.
9. Whether the alleged abuser has destroyed personal property, including but not limited to telephones, or other communications equipment, clothing to other items belonging to the alleged victim and or;
10. Whether the alleged victim engaged in any other behavior or conducts that leads the alleged victim to have a reasonable cause to believe that he or she is in imminent danger of becoming a victim of domestic violence.

The court is likely to hold return hearings on the entry of a permanent injunction for domestic violence in block hearings, setting many hearings in the same time period, and leaving a little time for a full evidentiary hearing. Should the case require more that 10 or 15 minutes, the child support should ask for an extension of time and continuance of the hearing until the court can give sufficient time for a presentation of the evidence.

The hearings are held in two parts, first the issue of whether the alleged victim meets the burden of entry of a permanent injunction for protection against domestic violence, and then, if the alleged victim meets the burden, the ancillary issues, including the parenting plan, and time-sharing schedule and children’s financial support or alimony are addressed.

If the alleged victim sought relief for herself/himself, as well a on behalf of the child, and there is a D.C.F. investigation, the portion of the return hearing on behalf of the alleged victim may be able to proceed without the conclusion of the investigation, but that portion of the return hearing on behalf of the child may need to be continued with an extension order entered until the conclusion of the investigation.

, Read About What Judges Look For When Granting Domestic Violence Injunctions.