Thursday, August 18, 2022

Domestic Violence Civil Court

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Domestic Violence Civil Court (Injunction for Protection / Restraining Orders)

The Domestic Violence Division Judges hear civil injunction for protection order (restraining order) cases.  An injunction is a court order that directs a person not to have any contact with another person.  It is one legal means of helping protect a person from threats or acts of violence by another person.  There are five (5) kinds of civil injunction petitions that can be filed with the Clerk of Courts and heard by the Domestic Violence Division Judges: Domestic Violence, Repeat Violence, Dating Violence, Sexual Violence and Stalking.  Each type of injunction has different requirements based on your relationship with the other person and what occurred.

At a final hearing on a petition for injunction for protection (also known as Permanent Injunction hearings), the Judge will make a decision as to whether there is sufficient evidence to issue the final injunction.  The injunction may include orders in addition to “no contact” provisions such as awards of exclusive use and possession of the home, temporary time sharing and support, provisions to gain access to personal property, surrender of weapons, and appropriate treatment referrals.  The Judges in the division also hear subsequent motions to modify or dismiss the injunctions once issued, and motions to enforce compliance with court orders (contempt hearings).

Motions, which are requests made to the Court to take action on a case, may be filed at any of the central or branch court locations.  Motions can also be faxed in to the Domestic Violence Case Management Unit at (305) 349-5559.  For additional information regarding motions, please contact the Domestic Violence Case Management Unit at (305) 349-5556.

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