Stalking Injunction for Protection
An injunction for protection for stalking protects individuals who have been victims of stalking, requiring the respondent to stop the behavior and stay away from the petitioner.
“Protects adults and minor children. Requires two incidents of stalking or cyberstalking. Stalking includes cyberstalking.
Either victim, or parent or legal guardian of a minor child living at home who seeks an injunction on behalf of that minor child, has standing to file a sworn petition.
Victim is the petitioner who must file a sworn petition with the court. Parent or guardian can file 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
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 stalking, the court must set a full hearing at the earliest possible time.
Petitioner must show stalking exists for issuance of a temporary injunction ex parte.
A temporary injunction grants relief the court deems proper, including an injunction restraining respondent from committing any act of stalking.
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 that he or she is a victim of stalking.
A permanent injunction, if issued, restrains respondent from committing any act of stalking; it may require respondent to participate in treatment, counseling, or intervention at his or her cost, 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Because the protection afforded by this injunction does not include children or support, its terms will not be superseded by subsequent actions affecting those issues.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 may enforce violations of the injunction, or the state attorney may prosecute under § 784.0487”