Civil Injunctions

An injunction is a court order protecting a person from someone who has committed violence against them and/or makes them fear for their safety. It does this by placing various restrictions on the perpetrator.

Possible orders in an injunction include, but are not limited to:

• No contact with the protected person in any way
• Prohibited from going within 500 feet of the protected person’s home, work, school, or other places they frequent
• Prohibited from residing in a shared residence
• Restricted from purchasing or possessing firearms

While a civil injunction is not criminal, a person who violates a civil injunction may be charged with a crime. A final injunction order, one issued after a hearing on the matter, may have serious consequences for the person it is issued against.  It can affect the person's work, travel, and ability to own or possess a firearm. 

If you seek protection, you must go through several steps to request an injunction.

The process consists of:

• Completing a petition. You must explain the harm the other person has done or may do. If the individual has been violent toward you, you should give specific dates and locations as to when the incidents happened. You may also want to attach additional documentation and evidence (such as photos of injuries) to your petition to support your request for an injunction.
• Submitting your paperwork to the Clerk’s Office. A judge will review your request and determine whether your situation warrants a Temporary Injunction (valid until your hearing for a final injunction, which is scheduled within 15 days after your petition is received). They will also set your case for a hearing.
• Notifying the other person. The person you are requesting protection from must be served with a copy of your petition and the notice of hearing. This ensures that they are aware you are taking legal action against them.
• Attending a hearing. During the proceeding, the judge will hear arguments from you and the person the injunction is being sought against to decide whether to grant your request. You can present witnesses and evidence to support your claims. Hearings are governed by the rules of evidence. If you are not familiar with these rules your evidence may not be allowed to be considered by the judge. 

Our injunction attorney can stand by you at every stage in the process, helping prepare and file forms, preparing evidence, and representing you at the hearing.

Various situations can give rise to a request for an injunction. For instance, a person can seek one if they are being harmed by a family or household member or dating partner, harassed by a neighbor, or subject to malicious touching or comments every day by a customer at a coffee shop.

More specifically, the types of injunctions that can be sought include:

• Domestic Violence. A Petition for an Injunction against Domestic Violence may be filed against a person who either now or in the past has lived with you as a “family.” “Family” includes people who you are related to by blood or marriage; spouses, ex-spouses, parents, grandparents, aunts, uncles; parties intimately involved and living together but never married; adopted children; step-parents and step-children, and others OR a person who is the parent of your child(ren), regardless of whether or not you have ever been married or lived together.
  
  What can a Domestic Violence Injunction do for you?
  The injunction can provide such relief as the court deems necessary, such as:
  • Restrain the respondent from committing any acts of domestic violence;
  • Award you temporary exclusive use of the home;
  • Address issues related to support and timesharing with children;
  • Order the respondent to participate in a batterer's intervention course;
  • Require the respondent to surrender weapons to law enforcement.
• Dating Violence. You can request this type of injunction if you dated the other person during/over the last six (6) months, and had an expectation for continued affection with the other person during that time, and interacted with the other person frequently and continuously during the relationship. You did not reside with the other person.
• Sexual Violence. You have reported the sexual violence to law enforcement and are cooperating with them in the criminal case, or the other person has been in prison for sexual violence against you, and the term of imprisonment for the crime expires within the next ninety (90) days. 
• Stalking. You may seek this injunction if, on two or more occasions, someone has followed or harassed you, continuously contacted you, or subjected you to other unwanted behavior that causes emotional distress that serves no legitimate purpose.
• Repeat Violence. If your situation does not fit into the other kinds of injunctions for domestic, sexual, stalking, and dating violence, you may be able to file a petition for an injunction against repeat violence. This petition may apply to individuals such as your neighbors, co-workers, students, or relatives who have never lived with you, etc. For this type of injunction, however; there must be at least two (2) incidents of physical violence, threats of violence with an overt act, or stalking, and at least one (1) of them must have occurred within the last six (6) months.

Although an injunction is a civil order, the person it’s issued against can face serious consequences if they violate it. They may be charged with contempt of court or a crime.

Protecting the safety of persons subject to harm is important. Unfortunately, not all requests for injunctions meet the requirements for an injunction. Some are initiated without a full understanding of the law. Others may be filed to avoid costs in other types of cases such as family matters or eviction matters.  

If someone has asked for an injunction against you, you can present your case and fight the request at a hearing. The hearing is your opportunity to tell your side of the story. You must appear at the hearing. Otherwise, the judge can decide in the other person’s favor without considering your side of the story.

You may have evidence that counters the allegations against you. Civil Injunction hearings are governed by the rules of evidence. These rules regulate how evidence is offered to the court. If you are not familiar with these rules your evidence may not be accepted by the court and considered at your hearing. 

Our injunction attorney can help prepare your evidence and represent you at the hearing to ensure your side of the story is heard by the judge.