- You must be a victim of a domestic violence act or you must have a reason to believe that there is imminent danger to yourself to file an order of protection or a domestic violence injunction. Domestic violence includes battery, aggravated battery, assault, aggravated assault, kidnapping, false imprisonment, stalking and aggravated stalking.
- There are two different types of domestic violence: domestic violence caused by a family member living in the same home as you, and domestic violence caused by a family member or other person not living with you. Some states, such as Florida, have two different petitions---one for each type of situation. In Florida, you file a Temporary Injunction for Protection Against Domestic Violence if the person is living with you. If the person is not living with you, file a Petition for Injunction for Protection Against Repeat Violence.
- Local rules in your area may dictate that the form should be filled out in black or blue ink. The form must be filled out, then signed in front of a notary public or in front of the clerk of the circuit court. Always keep a copy of the form for your own records. If you fill out a temporary form, you will get assigned a hearing date. If the court grants your petition, a permanent temporary injunction will be issued.
- In most cases, both parties must appear at the hearing. If there are circumstances that prevent you from appearing, you must contact the court as soon as possible to make arrangements for either another hearing or for a continuance. If the petitioner---the person who filed the injunction---does not appear, the injunction may get thrown out or it may get continued. If the respondent does not appear, the court "assumes" that the facts as outlined in the injunction are true and enters a permanent injunction.
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If there are children involved, the court will determine which parent will have custody of the minor children. It awards temporary custody (usually to the wife) and enters an award of child support based on your state's child support guidelines. If the petitioner requests alimony (spousal support), the court may also order the respondent to pay child support.
The injunction prevents you from keeping any guns. Any guns in your possession must be turned over to the sheriff until the matter is resolved.
Furthermore, the court will enter a certain number of yards for the defendant to stay away from the petitioner. It can be any amount, but common numbers include 300 yards or 500 yards.
