Abusing Injunction Domestic Violence process

[JMC15240]

This message is intended to clarify a situation with my childhood best friend. He and his wife got married very young, both abused alcohol and they often got into physical altercations. Eventualy, my friend was charged with domestic violence, sentenced and is only 90 days away from his final release. However, now after all these years, his wife came back into the picture going into court and asking for order(injunction) of protection against him despite the fact that they have no contact in over 5 years and my friend have no intentions of reconciliation, rather will be glad to sign the divorce papers. We help him out by hiring a lawyer, but the wife never showed up for the court hearing and we ended up losing the retainer's fee paid to the lawyer. Now 2 wks later, she filed for another injuction and my friend was served with the same charges but with a different date on these papers. Our feeling is that the wife will not show up again for this new court hearing, instead will continue to repeat the same cycle, making us spend large amount of money preparing a defense that we never will get a chance to present. My question are: Is there anything that can be done to protect him against this kind of abusive behavior from his wife? When a judge will realize that his wife is only been vendictive against him? How many times she can file for injuction for protection for domestic violence against the same person without getting a favorable outcome? Can my friend place an injunction against her upon his release?

Thanks
JMC15240

[Attorney Howard Iken]

It sounds like neither of them have legitimate facts to file for an injunction. Sorry ... unfortunately there are no protections against abusive filings. But the judges tend to remember repeat filers. Also, the fact that she did not show up will support another dismissal - even if she shows up this time.



Attorney Howard Iken
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