Although many divorce cases involve hurt feelings, the majority of cases do not involve actual domestic violence.
In cases where there has been actual domestic violence (or a party believes they are in imminent danger of becoming a victim of domestic violence), the victimized party has the option of filing an Injunction for Protection against the other party.
The process is started by the filing of a Petition for Injunction for Protection. As part of the Petition, the Petitioner fills out a standardized form which includes a section asking for details as to any past violence (and/or an explanation of why the Petitioner believes they are in danger).The Petitioner signs the Petition before a notary of public.
The Petition is then given to the court for review. If the court believes there is adequate cause to grant the injunction then a Temporary Injunction for Protection is entered.
The Temporary Injunction is then given to the Sheriff’s Office (Police Department) for service on the other party who is called the Respondent.
A hearing is then held approximately 15 days thereafter at which time the Respondent can defend against the allegations and he/she can ask that the Injunction be dismissed.
Copyright © 2009 Steven A. Leitman
Original posting on 904Divorce.com