DOMESTIC VIOLENCE INJUNCTIONS
Status Requirement -In order to be a domestic violence case the parties to the case must be family or household members. “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. Except for persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit. A child can file through a parent.
Residency Requirement-A petition for an injunction for protection against domestic violence may be filed in the circuit where the petitioner currently or temporarily resides, where the respondent resides, or where the domestic violence occurred. There is no minimum requirement of residency to petition for an injunction for protection.
Petition-A case begins with the filing of a petition. A petition is a written request for the court to act. The person who originally asks for legal action is called the petitioner. The petition must be filed with the clerk and there will be a filing fee, unless the clerk finds that the petitioner is indigent.
In some circumstances the Petition will be served, and, in that case, there is a requirement that the opposing party file an answer. If there is first an emergency ex parte hearing (without the other party), however, (for safety concerns) then there is no answer filed, and a hearing occurs before any paper is served. If the petitioner has an ex parte hearing, however, then they will need to serve the petition after that hearing so the respondent can answer the petition.
Default-The opposing party has 20 days to answer the petition after service, or the petitioner may file a motion for default and the court may set a final hearing even without the opposing party's cooperation.
Answer-The opposing party may not ignore the petition, and in that case, file an answer which will address each allegation in the petition. The answer will address each allegation by number and admit or deny each one. The respondent may also file a counterpetition, and at that point, the petitioner will need to file an answer to that counterpetition. That answer will need to admit or deny each allegation by number.
Mandatory Disclosure and Family Law Financial Affidavit-Each party must file mandatory disclosures and family financial affidavits in dissolution of marriage cases and family law cases. It is essential to abide by this requirement.
Parenting Plan-The parties will need to agree to a parenting plan and ask the court to approve it. If the parents cannot establish one then the court will need to establish one that addresses the child's (ren's) best interests regarding education, health care, and physical, social, and emotional well-being.
Hearing-Petitioner must call the judge's office for a hearing date so the judge can hear the case-all the circumstances surrounding the situation, and the alleged danger so he may grant the request.
Proof-Petitioner must show the following: petitioner must be a victim of domestic violence or have reasonable to believe he or she is in imminent danger of becoming a victim of any act of domestic violence for the judge to issue a domestic violence injunction.
Ex Parte Injunctions-If, upon emergency ex parte review, the court finds there is reason to believe petitioner is a victim of domestic violence or is in imminent danger of becoming a victim of domestic violence the Court may issue a temporary ex parte order restraining respondent from committing any acts of domestic violence, award petitioner temporary exclusive use and occupancy of the dwelling that the parties share or excluding the respondent from the residence of the petitioner; award a temporary parenting plan including a time-sharing schedule which may award the petitioner up to 100 percent of the time-sharing. It may order respondent to surrender any firearms and ammunition in his or her possession to the specified sheriff's office pending further order of the court. It may order such additional relief as the court deems necessary to protect the petitioner from domestic violence. Awarding the petitioner exclusive care, possession, and control of an animal, ordering respondent to temporarily have no contact with the animal, and enjoining respondent from taking, concealing, harming, or disposing of the animal. This does not apply to animals owned primarily for agricultural purposes or to a service animal, if the respondent is the service animal's handler.
Duration of Ex Parte Injunction-No more than 15 days
Final Injunctions-Upon notice and hearing, when it appears to the court that the petitioner is either the victim of domestic violence or has reasonable cause to believe he or she is in imminent danger of becoming a victim, the court may grant such relief as it deems proper, including an injunction: 1. Restraining the respondent from committing any acts of domestic violence. 2. Awarding the petitioner exclusive use and possession of a shared dwelling or excluding the respondent from the petitioner's residence; 2. Providing the petitioner with a temporary parenting plan, including a timesharing schedule, which may award the petitioner 100 percent of the time- sharing. Paternity must be legally established for the court to award time-sharing to the father. 3. Providing temporary support for the petitioner and/or any minor children. This temporary support remains in effect until the order expires, or an order is entered in a pending or subsequent case affecting child support. 4. Awarding the petitioner exclusive care, possession, and control of an animal, ordering the respondent to temporarily have no contact with the animal, and enjoining the respondent from taking, concealing, harming, or disposing of the animal. This does not apply to animals owned primarily for agricultural purposes or to a service animal if the respondent is the service animal's handler. 5. Ordering the respondent to participate in treatment, intervention, or counseling at the respondent's cost. If the court orders the respondent to participate in batterers' intervention program, the court must provide the respondent with a list of such programs. 5. Referring the petitioner to a certified domestic violence center. The court must provide the petitioner with a list of certified domestic violence centers in the circuit; however, the petitioner may not be ordered to attend counseling.
