Domestic Violence Injunctions

A dissolution of marriage, a separation from a boyfriend or girlfriend, or an act of abuse may produce situations in which you need the help of a court to prevent physical harm to yourself or your children; that help is available by applying to the Clerk of the Court for an Injunction for Protection against Domestic Violence. An Injunction for Protection is the appropriate relief for you if you have a reasonable belief that an act of domestic violence is going to be committed against you, of if you have had an act of domestic violence already committed against you by a member of your family, someone you have lived with as if a family, or a person who is the parent of a child with you. This fear can arise due to threats, stalking, violent acts, or other behavior made by an abuser against you. If the person you seek relief from is not a member of your family, has never lived with you as if a family, or is not the parent of a child with you, you may seek an Injunction for Protection against Repeat Violence. Many of the same procedures govern that relief.

The first step to receiving an Injunction for Protection against Domestic Violence, is to file a sworn Petition for an Injunction for Protection at the circuit courthouse. You do not need an attorney to ask for an Injunction for Protection. You are called the Petitioner in this action, and the person you are seeking this relief from is called the Respondent. This action may be brought by you separate from a divorce action or any criminal prosecution. Simplified forms to complete this petition are available from the Clerk of Court. These forms will ask you to describe any violence that has occurred or explain why you believe there is a threat of violence; they will also ask you to explain what relief you are seeking.

After you complete these forms, if it appears to the Court that there exists an immediate and present danger of domestic violence, the Court may issue a temporary injunction granting limited or full relief to try to protect you from this situation. Whether or not a temporary injunction is issued, the Court will schedule a hearing within 15 days to determine whether an Injunction for Protection should be issued. If granted, an Injunction for Protection will remain in effect until modified or dissolved. Whether or not you receive the temporary injunction, you must attend the hearing in order to receive an Injunction for Protection. At this hearing, the Court may offer you and the opposing party an opportunity to present testimony as well as witnesses. You should come to this hearing prepared to tell the court what has happened that makes you fear the respondent. The Court will then decide whether to issue an Injunction for Protection.

If granted, the Injunction for Protection will prohibit the abuser from committing any act of domestic violence against you. In some circumstances, the court may also order one or more of the following forms of relief for you:

(1) the exclusive use and possession of the home;

(2) temporary custody or visitation rights to your minor children;

(3) temporary support for your minor children;

(4) temporary time-sharing schedule (formerly known as custody or visitation rights) as to your minor children

(5) counseling for the abuser, including participation in a batterers' intervention program; or

(6) restrictions on the abuser from contacting you by phone or in person at your job, work, residence, school, church or other place you regularly visit.

Because all of this relief only lasts for the length of the injunction, it is not a good substitute for a divorce or custody action. However, an Injunction can provide you with valuable short term, emergency relief when you are in a dangerous situation.

After you receive the Injunction, violations of it should be immediately reported to the police; you should also return to the Court Clerk's Office to complete a form called an affidavit, which describes the violation. If an abuser violates an injunction, the judge can choose to respond with civil or criminal penalties.

If you feel you are the victim of such domestic violence, you should contact the Clerk of the Circuit Court in your county for assistance, or an attorney can do this for you. You may also wish to contact the domestic abuse organization in your community, as well as report illegal acts to a local law enforcement agency. If you believe you need legal advice, call your attorney.

Because of the complicated procedures involved in a legal proceeding and the fact that the law is changing and evolving, it is very important to consult an attorney if you have a case pending in court.