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What happens after you file for a domestic violence injunction?

domesticviol

A temporary injunction is only valid for up to 15 days. A hearing will be set within that time period in order to give the other spouse the opportunity to present evidence and testimony that the injunction is not appropriate.

A permanent injunction may be entered after that hearing, or it may be dissolved.

In a proceeding for an injunction for protection, the court may grant the following:

  1. An injunction restrains the other spouse from committing acts of domestic violence against you and prohibits contact between you and your spouse
  2. Temporary exclusive use and possession of the parties’ home
  3. Temporary custody, with or without time- sharing, of the parties’ minor children
  4. Temporary alimony
  5. Temporary child support
  6. Referral to a domestic violence shelter
  7. An order that the other spouse participate in a batterers’ intervention program or receive other services

The first three items may be granted temporarily and without hearing by the court, and the remaining items may be granted after a hearing.

Please keep in mind that an injunction is not a bulletproof vest and there have been instances where people have been hurt or killed even though there was a domestic violence injunction in place. You need to be vigilant of your safety apart from the injunction.

Also, obtaining an injunction should be carefully considered. Obtaining one will likely inflame the situation and make a settlement at your divorce case more difficult. Nonetheless, there are many instances in which an injunction is appropriate and should be obtained. Discussing this matter with your attorney is vitally important in making the proper decision.

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