Dating Violence Injunction for Protection
An injunction for protection for dating violence protects individuals who have been involved in a dating relationship from violence or threats of violence.
“Protects adults and minor children. Requires a dating relationship, with an expectation of affection, within the past 6 months; does not apply to violence in a casual acquaintanceship or in business or social contexts.
Victim, person with reasonable cause to believe he or she is in imminent danger of becoming a victim, or parent or legal guardian of a minor child living at home who seeks an injunction on behalf of child, has standing.
Victim is the petitioner who must file a sworn petition with the court. Parent or guardian can file a on behalf of a minor child.
The court shall set a hearing at earliest possible time; respondent must be personally served with both petition and temporary injunction, if any.
The court is not required to state in writing the legal grounds for denial of the ex parte injunction.
Petitioner must have a reasonable cause to believe he or she is in imminent danger of becoming a victim of dating violence, whether or not he or she has been a victim in the past. Issuance of a temporary injunction ex parte requires appearance of immediate and present danger of violence.
A temporary injunction grants relief the court deems proper, including an injunction enjoining respondent from committing any acts of violence.
The court may continue the hearing and the temporary injunction for good cause shown by any party.
At the hearing, petitioner must show he or she has reasonable cause to believe he or she is in imminent danger of becoming a victim of dating violence, whether or not he or she was a victim in the past.
A permanent injunction, if issued, enjoins respondent from committing any acts of violence, and includes other relief the court deems necessary for the protection of the petitioner, such as ordering respondent to: surrender firearms and ammunition in his or her possession; vacate a shared dwelling; and keep a specified distance from petitioner.
The court cannot issue mutual protection orders, but may enter separate ones.
Because the protection afforded by this injunction does not include children or support, its terms will not be superseded by subsequent actions affecting those issues.
Either party may move to modify or dissolve the injunction at any time. Petitioner may also move to extend. A motion to extend an injunction must be made before it expires.
The court may hold compliance hearings to ensure respondent’s compliance with terms of the injunction.
The court shall enforce violations of the injunction through civil or criminal contempt proceedings.”