A civil domestic violence injunction is separate and distinct from what occurs when someone is arrested for domestic battery. In a criminal domestic battery case, courts impose a criminal no-contact order, which prohibits the accused from contacting the victim, and the charges are brought by the state. A civil domestic violence injunction, by contrast, is brought by the victim individually while the state’s criminal case is pending or when no criminal charges have been filed.

Confusing? It can be, so let’s take this one step at a time. If you have been or feel you are about to become a victim of domestic violence, you can utilize the civil court system and file for a domestic order of protection, regardless of whether or not your abuser was arrested for domestic battery. IT IS NOT A CRIMINAL PROCEEDING. It is instead a civil remedy you can pursue in order to protect yourself. You have to go to the County Clerk’s office and file the domestic violence injunction form. Be as thorough and descriptive as possible about why you are seeking the injunction, and if you are living with that person, check the box marked “exclusive use and possession” of your home, otherwise you are going to be the one looking for a place to live when the petition gets served. When you are finished and return the paperwork to the front desk, the deputy clerk will tell you that a judge needs to review the petition to see if it meets the criteria for a temporary injunction. A judge reviews the petition, determines whether or not a temporary injunction should be in place, and signs the temporary order. You will be notified when you file the petition to return later to see if a temporary injunction has been granted. If the temporary injunction is granted, the clerk sends it off to law enforcement to be served on the opposing party.

The Court will set your injunction for a final hearing, usually 14 days after the filing. Once the opposing party is served, they cannot, under any circumstances, have any contact with you. If they try, either physically, by telephone, or through cyberspace, CALL 911 IMMEDIATELY. If they are found trying to contact you, they will be arrested and charged with a first-degree misdemeanor for violating the injunction; even though it is a civil injunction, the opposing party does face criminal charges if they are found trying to contact you, and if you get a permanent injunction, they face the same penalties. Unfortunately, there are also people who have some understanding of how the system works, and clog the court system with frivolous injunctions. Most often, it is the batterer who files these worthless petitions, because they often have been on the other side of the equation and try to manipulate the system in their favor.

If you are faced with either filing or defending yourself against a domestic violence injunction, it is a bad idea to represent yourself. Unlike other types of courts, domestic violence court operates on a “gotcha” system—since it is not required to let the other party know beforehand if you have a lawyer or who the witnesses are, it is common for one party to be “ambushed” during the proceedings because they were caught unaware. If you are the one about to be ambushed, it is likely going to go bad for you. Don’t let this happen! Not getting an injunction when you need it can be dangerous, while getting stuck with one when it is not justified can affect your job prospects and ability to obtain a concealed weapons permit. All of our attorneys have extensive experience in domestic violence court and understand its inner trappings. Give us a call, even if the Final Hearing is scheduled that day or the next; we can help you sort things out before you get stuck in a situation you cannot get out of.