What happens when a petition for a domestic violence injunction is filed?
A judge will review the petition. If the judge determines that “an immediate and present danger of domestic violence exists,” the judge may issue a temporary injunction without giving the respondent (the party against whom the injunction is sought) an opportunity to respond. This is called an ex parte injunction, and it is valid for no more than 15 days. If the judge issues an ex parte injunction, a formal hearing will be set within 15 days to determine if a “final” domestic violence injunction should be issued. If the judge does not issue an ex parte injunction, the court will set a hearing on the petition “at the earliest possible time” to determine if a “final” domestic violence injunction should be issued.
