Temporary injunction for protection against dating violence
Service of pleadings in cases of domestic, repeat, dating, or sexual violence, or stalking other than petitions, supplemental petitions, and orders granting injunctions shall be governed by rule 12.080, except that service of a motion to modify or vacate an injunction should be by notice that is reasonably calculated to apprise the nonmoving party of the pendency of the proceedings.
Upon the filing of a petition, the court shall set a hearing to be held at the earliest possible time.
A denial of a petition for an ex parte injunction shall be by written order noting the legal grounds for denial.
When the only ground for denial is no appearance of an immediate and present danger of domestic violence or stalking, the court shall set a full hearing on the petition for injunction with notice at the earliest possible time.
An injunction can also result in an abuser being barred from a home that you share with them, and result in temporary child or spousal support payments.
Obtaining an injunction could further be used in future custodial disputes, as evidence that your co-parent should have little to no visitation time with your child due to their violent tendencies.
There are additional forms of injunction for those who have been the victim of repeat violence, stalking, or dating violence.The clerk of the court shall furnish a copy of the petition for an injunction for protection against domestic violence, financial affidavit (if support is sought), Uniform Child Custody Jurisdiction and Enforcement Act affidavit (if custody is sought), temporary injunction (if one has been entered), and notice of hearing to the appropriate sheriff or law enforcement agency of the county where the respondent resides or can be found for expeditious service of process.The clerk of the court shall furnish a copy of the petition for an injunction for protection against repeat violence, dating violence, sexual violence, or stalking, temporary injunction (if one has been entered), and notice of hearing to the appropriate sheriff or law enforcement agency of the county where the respondent resides or can be found for expeditious service of process.The petition should describe what has put you in fear of violence against yourself or your child.The judge will review your petition and grant or deny the injunction based solely off of your petition, so it is important that it is filled out completely and accurately.
Injunctions for protection against domestic violence are only available against a current or former spouse or intimate partner, family member, co-parent, or someone with whom you currently live or with whom you used to live.