Temporary injunction for protection against dating violence
The Clerk’s Office will not determine filing eligibility; however, the judge reviewing the petition will take these guidelines into consideration. Repeat violence means two incidents of violence or stalking committed by the respondent, one of which must have occurred within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner’s family.Who may file a repeat violence injunction: Any person who is the victim of repeat violence or the parent or legal guardian of any minor child who is living at home and who seeks an injunction for protection against repeat violence on behalf of the minor child.
You may ask the Judge at the hearing to dismiss the Injunction, and the Judge will decide whether or not to do so.Some examples of possible Violations of Injunction by a Respondent are: you may file a Motion for Extension of Injunction for Protection at one of the Clerk's Office locations listed below.You should file your Motion for Extension at least two (2) weeks prior to the expiration date.If a hearing is scheduled both parties will be notified by mail of the hearing date, time and location.by filing Motion to Dismiss (CTCIV140Ab) at one of the Clerk's Office locations listed below.Injunctions for Protection Against Dating Violence may be issued against an individual with whom you have or had a continuing and significant relationship of a romantic or intimate nature.
It is determined by consideration of such facts as the dating relationship existed within the past six months, the nature of the relationship included an expectation of affection or sexual involvement and the frequency and type of interaction between you and the individual included involvement over time and on a continued basis.
An injunction is a court order signed by a judge that can be served and or enforced by law enforcement.
Injunctions for Protection Against Domestic Violence may be issued against a spouse or former spouse, a person related by blood or marriage, a person which you are presently living with or have formerly lived with, as if a family, or against someone with whom you have a child in common, regardless whether you were ever married to that person or lived with them.
Definition of violence: Any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death by a person against another person. Domestic violence means an assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
Definition of family or household member: Family or household member means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married.
Any spouse or former spouse; person related by blood or marriage; person who is or was residing within a single dwelling unit as if a family; or person who has a child in common with the respondent, regardless of whether the person and respondent are or were married or residing together as if a family.