Domestic Violence Injunction for Protection

An injunction for protection for domestic violence protects individuals from violence or threats of violence from a family or household member.

Domestic violence includes assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any other criminal offense resulting in physical injury or death to petitioner by any of the petitioner’s family or household members. In determining whether you have reasonable cause to believe you are in imminent danger of becoming a victim of domestic violence, the court must consider all relevant factors alleged in the petition.

  • “Purpose is to protect adults. However, children may be included in the terms of the injunction.

  • Standing to file depends on the relationship between the parties. They must be family or household members or parents of a child in common even if they did not marry.

  • Victim is the petitioner who must file a sworn petition with the court.

  • The court shall set a hearing at earliest possible time; respondent must be personally served with both petition and temporary injunction, if any.

  • If an ex parte injunction is denied, the court must state the legal grounds for denial in writing. If the only ground for denial is no appearance of an immediate and present danger of domestic violence, the court must set a full hearing at the earliest possible time.

  • Petitioner must show either that he or she is a victim of domestic violence or has reasonable cause to believe he or she is in imminent danger of becoming a victim of any act of domestic violence.

  • A temporary injunction enjoins respondent from committing any acts of domestic violence, may award petitioner exclusive use of a shared dwelling, may award temporary support including child support, and may provide a temporary parenting plan which may award petitioner up to 100% time-sharing.

  • The court may continue the hearing for good cause shown by any party, which shall include failure to obtain service. Temporary injunctions shall be extended, if necessary, during a continuance.

  • At the hearing, petitioner must show either that he or she is the victim of domestic violence or has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence.

  • A permanent injunction enjoins respondent from: committing acts of domestic violence and having or using firearms unless § 943.10(14) applies; it may order respondent to participate in treatment, counseling or batterers’ intervention at his or her cost. Petitioner may be awarded exclusive use of shared dwelling, temporary child support as well as temporary support and 100% time-sharing.

  • The court cannot issue mutual protection orders, but may enter separate ones.

  • Temporary support, child support, and time-sharing provisions stay in effect until the order expires or is superseded by an order in a subsequent civil action 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 may enforce violations of the injunction, or the state attorney may prosecute under § 741.31.”