Types of Injunctions

DOMESTIC VIOLENCE: A domestic violence injunction is for people who are related or live under the same roof. If a domestic violence injunction is ordered (even temporarily) you will have to leave your home and live somewhere else. To get a temporary injunction, a petitioner has to allege an incident of violence or express a fear of imminent future violence.

REPEAT VIOLENCE: A repeat-violence injunction is for people who do not live together, and are not related. To get an injunction, the petitioner must allege two incidents of violence, with one incident having occurred within the last six months.

DATING VIOLENCE: Dating violence injunctions are for people in a dating relationship who do not live together. The petitioner must be a victim of violence, and fear imminent future violence.

The Injunction Hearing

At the injunction hearing, the judge will ask your position on the injunction, meaning do you object to the injunction.  Many people, out of frustration and anger, simply tell the judge, "I don't want to see her anymore, so go ahead and put the injunction in place." This is often a mistake because once the injunction is in place permanently, it is very difficult to modify or remove. Do not agree to an injunction without knowing all your rights first.

The person requesting the injunction (the petitioner) goes first and explains to the judge why he or she is in fear. The respondent can cross examine and put on testimony as well. The burden of proof is on the petitioner to establish their case by a preponderance of the evidence. This is a much lower standard than the burden of proof in a criminal case, which is beyond a reasonable doubt.