During normal working hours, the Petition for Injunction should be filed with the Family Law Division of the Clerk’s Office. Once the forms are completed, the Family Law Division will file the petition and take the file to the judge for review. If the judge finds merit to the petition, a Temporary Injunction and Notice of Hearing will be entered.
What are the circumstances to obtain an injunction?
If you are the victim of domestic violence, you may seek a restraining order if the violator:
- Resides with you
- Has lived with you in the past as a member of the family, such as a spouse, former spouse, person related by blood or marriage
- Is a person who has lived together with you as though he/she was your spouse
- Is a person with whom you have had a child, even if you have never lived together
If you are the victim of repeat violence, you may seek a restraining order if:
- You and respondent are not related by blood
- You and respondent have no children together
- You and respondent have never lived together
If you are the victim of sexual violence you may seek a restraining order if:
- You have reported the sexual violence to a law enforcement agency and are cooperating in any criminal proceeding against the respondent
- The respondent who committed the sexual violence was sentenced to a term of imprisonment in state prison and the term of imprisonment has expired or is due to expire within 90 days following the date the petition is filed.
If you are the victim of dating violence, you may seek restraining order if:
- The dating relationship existed within the last six months
- The nature of the relationship is characterized by the expectation of affection or sexual involvement between the parties
- The frequency and type of interaction must be based on the party’s involvement over time and on a continuous basis during the course of the relationship
What happens after an injunction is signed?
A hearing must be scheduled and the violator must be personally served with the following:
- Copy of the Petition
- Notice of Hearing
- Temporary Injunction
Please note: the formal hearing will be scheduled for the next available court session. You must attend the hearing or the injunction will be dismissed. Any injunction granted by the Court will remain in effect until modified or dissolved by the judge. Local law enforcement agencies are noticed of all injunctions.
How do I know when charges are filed against me?
When formal charges are filed with the Clerk’s Office, you will be notified by mail of the following an arraignment date if you do not have counsel, or a case management date if you do have counsel.
Arraignment and/or case management dates can be 30 – 45 days after the formal charges have been filed with the Clerk. All notices will be sent to the address that was given at the time of arrest. If you bonded out of jail, your bondsman will be notified as well. Your case number, charges, type of court event, date/time and location of hearing will be displayed on all court notices.