{"id":5460,"date":"2025-05-28T21:21:01","date_gmt":"2025-05-28T21:21:01","guid":{"rendered":"https:\/\/aielloharris.com\/?p=5460"},"modified":"2025-06-11T18:36:56","modified_gmt":"2025-06-11T18:36:56","slug":"common-client-mistakes-in-domestic-violence-cases","status":"publish","type":"post","link":"https:\/\/aielloharris.com\/es\/common-client-mistakes-in-domestic-violence-cases\/","title":{"rendered":"Errores comunes de los clientes en casos de violencia dom\u00e9stica"},"content":{"rendered":"
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Entrevistador: <\/strong>What are some other common mistakes that clients might make that they may not even know of?<\/p>\n\n\n\n

James Abate<\/a>: <\/strong>There are people who drop a temporary restraining order because they just don\u2019t want to trouble or they\u2019re thinking everything\u2019s going to be better now, and it isn\u2019t, and they put themselves in further danger. It\u2019s not the one incident. They\u2019re looking at the whole picture. There are some forms of assaults<\/a> that are so extreme that you\u2019re going to get the orden de alejamiento<\/a>, no matter what kind of case gets put on. I\u2019ve had situations where someone had their eye socket broken; that\u2019s an extreme amount of violence. I\u2019ve had instances where someone had their arm slashed to the point where tendons were torn with a knife, and that\u2019s when they\u2019re going to look for the restraining order and the serious criminal charges<\/a>.<\/p>\n\n\n\n

Domestic Contretemps Do Not Validate The Issuance Of A Final Restraining Order<\/h2>\n\n\n\n

I\u2019ve had cases where there were less extreme situations, but because there had been so many of these situations and they keep recurring, that\u2019s what would happen. Now, there is also a concept called \u201cdomestic contretemps.\u201d And that means there are some situations where it\u2019s just people being in a relationship. One husband texted his wife 140 times about something going on at school with their children, and she wouldn\u2019t respond to him. She said she was being harassed, and the judge said, \u201cThat\u2019s not him trying to harass you; it\u2019s him trying to get an answer regarding his children.\u201d It\u2019s domestic contretemps. You could make the case and under the law, if I were to text someone I am in domestic relationship with and say \u201cYou are a complete asshole,\u201d that would be harassment. It could be, but it\u2019s not enough to issue a final restraining order; it\u2019s domestic contretemps.<\/p>\n\n\n\n

Trespassing Can Be A Factor In The Issuance Of A Restraining Order<\/h2>\n\n\n\n

Entrevistador: <\/strong>Could trespassing ever be considered a factor in a domestic violence dispute?<\/p>\n\n\n\n

James Abate: <\/strong>Yes. In fact, I had a case recently where a boyfriend just snuck into his ex-girlfriend\u2019s home through the dog\u2019s door and basically broke into her home. That was significant enough. First, that is a predicate act that would justify issuing a temporary restraining order and a final restraining order. And it was enough for the ultimate issuance of the final restraining order because they had an extensive history. There\u2019s a three-step process. The relationship is the easy part, and the second part is a predicate act committed. And that can be a number of things from assault to harassment, to acoso<\/a>, to criminal mischief, to trespass, but the fact that the predicate act has been committed isn\u2019t enough.<\/p>\n\n\n\n

In Order For The Ultimate Issuance Of A Final Restraining Order, It Is Necessary To Prove Its Requirement Being Imperative To Protect The Victim From Further Harm<\/h2>\n\n\n\n

There has also been a shelling that based on the review of the history that a final restraining order is necessary to protect the victim from further harm being committed. Let\u2019s take an example. Let\u2019s say I slap someone I\u2019m in a relationship with and I walk out and I say \u201cI never want to see you again,\u201d okay. Could they be charged with assault? Absolutely. Could a restraining order be issued? Yes, but let\u2019s say this is the first time there\u2019s ever been an exchange like that, and I\u2019ve communicated I never want to see you again, but then what\u2019s the need for a final restraining order? I\u2019ve made it clear I don\u2019t want to be near you again; there may also be reasons why I slapped you.<\/p>\n\n\n\n

The Predicate Act And The Need For A Final Restraining Order Influence Its Issuance<\/h2>\n\n\n\n

There are insufficient reasons to get you out of a criminal case, but they explain things in the family court case<\/a>. So, it\u2019s those two factors of the predicate act, which is the easy part, but the hardest part is whether there is a need for a final restraining order to protect the victim from future acts of domestic violence.<\/p>\n\n\n\n

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Recursos sobre violencia dom\u00e9stica<\/h3>\n\n\n\n

Informaci\u00f3n general<\/h4>\n\n\n\n