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Restraining Orders

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Harvey WaldenCommunity Member
1 hour ago

If you feel unsafe or are in danger, a temporary injunction, also known as a restraining order, may be issued until a judge can rule on your petition. If the judge decides you do not meet the statutory requirements for the temporary injunction, you may still request a hearing where you and the respondent will appear before the judge. If your petition is approved, a permanent injunction may be ordered.

If you feel unsafe or are in danger, a temporary injunction, also known as a restraining order, may be issued until a judge can rule on your petition. If the judge decides you do not meet the statutory requirements for the temporary injunction, you may still request a hearing where you and the respondent will appear before the judge. If your petition is approved, a permanent injunction may be ordered. Temporary Injunction If it is determined by the court that you are in danger of being victimized and you have completed the necessary paperwork, the deputy clerk will prepare a temporary injunction order to be signed by a judge. This order can be obtained on the same day you file your petition without a hearing before the judge. The temporary injunction is valid for up to 15 days. If the judge denies the temporary injunction because it does not appear that there is an immediate and present danger of domestic violence, a full hearing on the petition for the temporary injunction will automatically be set on the soonest court date available. Permanent Injunction Once a temporary injunction is in effect, a court hearing will be scheduled before the judge to determine if a permanent injunction should be entered against the person committing the acts of violence. A permanent injunction is indefinitely active or until dissolved by the court. Please call the Domestic Violence Advocacy Unit at 305-349-5677 or the Clerk's Office Domestic Violence Intake Unit at 305-349-5813 if you have any questions. Violating the Terms of the Injunction In order to initiate further court action, any violations of the terms of the injunction should be reported in person to the Domestic Violence Intake Unit.

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