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Home Family Division Frequently Asked Questions What are the requirements for filing a Petition for Injunction?

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What are the requirements for filing a Petition for Injunction?

Domestic Violence

This action is available if the respondent resides with you, or has lived with you in the past as a

member of the family, such as a spouse, former spouse, person related by blood or marriage,

person who has lived together with you as though he/she was your spouse, or person with whom

you have had a child, even if you have never lived together.

Repeat Violence

This action is available if you have been a victim of assault, battery, or other specific acts of

violence by the respondent. There must have been two (2) occurrences or acts of physical or

sexual abuse, and one (1) occurrence must have been in the last six (6) months. The judge may

require you to furnish the police reports as filed. The following conditions should also be met:

  • You and respondent are not related by blood;
  • You and respondent have no children together; and
  • You and respondent have never lived together as a family.

Sexual Violence

This action is available if:

  • You have reported the sexual violence to a law enforcement agency
    and are cooperating in any criminal proceeding against the respondent,
  • AND

  • The respondent who committed the sexual violence was sentenced to a
    term of imprisonment in state prison and the term of imprisonment has
    expired or is due to expire within 90 days following the date the petition
    is filed.

A sexual violence restraining order may also be filed by an adult for any one incident of sexual
battery, lewd or lascivious act committed upon or in the presence of a person younger than 16
years of age, luring or enticing a child, sexual performance by a child or any other forcible felony
wherein a sexual act is committed or attempted.

Dating Violence

This action is available if you and respondent have, or have had, a continuing and significant
relationship of a romantic or significant nature, which is determined based on consideration of
the following factors:

  • The dating relationship existed within the last 6 months;
  • The nature of the relationship is characterized by the expectation of
    affection or sexual involvement between the parties;
  • AND

  • The frequency and type of interaction must be based on the parties'
    involvement over time and on a continuous basis during the course
    of the relationship.

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