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Domestic Violence

PETITION FOR INJUNCTION FOR PROTECTION AGAINST REPEAT VIOLENCE

 

If you or a member of your immediate family is a victim of repeat violence, you can ask the court for a protective order prohibiting repeat violence. Repeat violence means that two

incidents of violence have been committed against you or a member of your immediate family by another person, one of which must have been within 6 months of filing this petition.

 

Repeat violence includes assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death.

 

If you are under the age of eighteen and have never been married or had the

disabilities of nonage removed by a court, one of your parents or your legal guardian must sign this petition on your behalf. The parent or legal guardian of any minor child who is living at home may seek an injunction for protection against repeat violence on behalf of the minor child. With respect to a minor child who is living at home, the parent or legal guardian must have been an eye-witness to, or have direct physical evidence or affidavits from eye-witnesses of, the specific facts and circumstances that form the basis of the petition.

 

PETITION FOR INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE

 

If the respondent is your spouse, former spouse, related to you by blood or marriage, living with you now or has lived with you in the past (if you are or were living as a family), or the other parent of your child(ren), whether or not you have ever been married or ever lived together, you should request, from the court, a Petition for Injunction for Protection Against Domestic Violence.

 

You will be requested to provide as much detailed information as possible regarding the violence. If the facts contained in your petition convince the judge that you or a member of your immediate family are a victim of repeat violence and are in immediate and present danger of repeat violence the judge will sign a Temporary Injunction for Protection Against Repeat Violence.

 

This petition will be provided to the Sheriff’s Office for personal service on the respondent and the temporary injunction will take effect immediately after the respondent is served. It lasts until a full hearing can be held or for a period of 15 days, whichever comes first. The court may extend the temporary injunction beyond 15 days for a good reason, which may include failure to obtain service on the respondent.

The temporary injunction is issued “ex parte.” This means that the judge has considered only the

information presented by one side — YOU. The temporary injunction gives a date that you should appear in court for a hearing. You will be expected to testify about the facts in your petition. The respondent will be given the opportunity to testify at this hearing, also. At the hearing, the judge will decide whether to issue a Final Judgment of Injunction for Protection Against Repeat Violence (After Notice), which will remain in effect for a specific time period or until modified or dissolved by the court.

 

If the judge signs a temporary or final injunction, the clerk will provide you with the necessary

copies. Make sure that you keep one certified copy of the injunction with you at all times!

 

What can I do if the judge denies my petition?

If your petition is denied on the grounds that it appears to the court that no immediate and present

danger of repeat violence exists, the court will set a full hearing on your petition. The respondent

will be notified by personal service of your petition and the hearing. If your petition is denied, you

may: amend your petition by filing a Supplemental Affidavit in Support of Petition for

Injunction for Protection.

 
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