1. What is an injunction?   

An injunction is a court order prohibiting a person from doing a particular thing. There are two types of domestic violence injunctions, a no contact injunction prohibits the respondent (the person against whom the injunction is entered) from having any contact with the petitioner (the person who sought the injunction.) A no violence injunction prohibits the respondent from committing any act of violence against the petitioner.

A court may enter an injunction if there has been violence or a threat of violence. Hitting, pushing, shoving, stalking and throwing things at a person could all result in the issuance of an injunction. Threatening a person, while having the present ability to carry out the threat, could result in the issuance of an injunction.

Not necessarily, an injunction is a civil, or non - criminal matter; however, if the respondent commits an assault or battery upon the petitioner, the police may arrest the respondent.

Initially, the petitioner contacts the clerk of the court. The deputy clerk will assist the petitioner in preparing an affidavit stating the facts as to why he or she wants an injunction. The affidavit is submitted to a judge on an ex parte basis (the other side seldom has notice or an opportunity to be heard regarding the matter.) If the judge believes that the statements in the affidavit rise to the level of the petitioner's having a reasonable fear for his or her safety, the judge will issue a temporary injunction on an ex parte basis. If the judge does not believe that the facts as set out in the affidavit justify the petitioner's having a reasonable fear that domestic violence is imminent, the judge will decline to grant the petition on an ex-parte basis. If the petition is granted on an ex-parte basis, the respondent will be prohibited from having any contact with the petitioner until there is a hearing. The hearing occurs about two weeks after the temporary injunction is granted on an ex-parte basis.

No, any person may go to the clerk's office and receive assistance in obtaining an injunction. The petitioner and respondent are entitled to, but not required to, have attorneys assist them at the hearing on the injunction.

The judge will place the petitioner and the respondent under oath. The petitioner will tell the judge why he os she feels that an injunction is needed. The respondent will explain his or her position to the court. The petitioner and the respondent will each have the opportunity to allow witnesses to testify regarding the injunction. If the judge believes that the temporary injunction should be continued, he or she will issue an order continuing the temporary injunction.

Following the hearing, the judge usually issues an injunction for one year. However, the judge may issue the injunction for a shorter or longer period of time.

The petitioner or the respondent may petition the court to modify or extend an injunction.

No, the injunction is issued against the respondent. It is the respondent's responsibility to avoid having contact with the petitioner. The petitioner cannot violate the injunction. If the respondent feels the petitioner will harm him or her, the respondent may seek an injunction against the petitioner.

No, there are no filing fees necessary to obtain an injunction.