In their lifetime, 1 in 4 women and 1 in 7 men have experienced severe physical violence by an intimate partner. If you need to file a domestic violence injunction, you’re not alone.
If you’ve experienced domestic violence or you’re afraid that you will soon, you need to take action. Filing a domestic violence injunction can help offer protection and will require the other party to cease contact and violent actions.
Here’s how you can file for a domestic violence injunction.
What Is a Domestic Violence Injunction?
An injunction is a court order that requires someone to do or refrain from doing a specific action.
When you get a domestic violence injunction, also known as a restraining order, it will require the other party to stop contact with you. An injunction can prevent a person from contacting you and exclude them from your home.
It could also have other requirements as well. The injunction may order the abuser to go to treatment or counseling or provide temporary spousal support or child support.
When filing for an injunction, a judge will determine what should be added to the court order and will decide on the specifics.
How to File an Injunction
So how do you file an injunction? Here’s how to do it.
Visit a Courthouse
The first step to filing an injunction is to go to the relevant location and get the forms that are needed. You’ll usually need to visit a courthouse in the county where you live or where the domestic violence occurred.
At the courthouse, you’ll need to ask for the relevant forms and then fill them out thoroughly. You should be as accurate and detailed as possible. You’ll need to give information on yourself and on your abuser as well.
Fill Out the Forms
Once you’ve filled out all the necessary forms, a judge will review the information and will decide whether they should issue you a temporary ex parte order.
An ex parte order is a temporary injunction that will provide protection and require certain behaviors from the abuser. This order can restrain them and prevent them from contacting you for a limited amount of time, which will usually be about 2 weeks.
Keep in mind that a law enforcement officer will need to serve the abuser the order for it to take effect.
Attend the Hearing
Before getting an injunction, you need to meet with a judge and have a hearing. The abuser will also need to be present.
If the judge doesn’t order a temporary legal injunction, then they’ll need to schedule a hearing in a very short time frame. If you have a temporary injunction, the full hearing will be scheduled before the order is no longer in effect.
During the hearing, you’ll need to testify about the abuse and the abuser will have an opportunity to testify as well. You’ll need to prove that the abuser committed domestic violence already or that you or your children are in danger of domestic violence.
If you need help with your case, you may want to visit Fighterlaw.com.
Getting a Domestic Violence Injunction
If you successfully get a domestic violence injunction against an abuser, you’ll have protection from the law. If the abuser violates the order, be sure to let the police know. You can also report the violation at a clerk’s office in the county where it was violated.
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