Domestic violence injunctions
A Domestic Violence Injunction (DVI) is a civil petition filed by a family or household member who believes they are the victim of violence, or that violence is imminent. I represent both petitioners and respondents.
What a DVI is
Formally, it is a Petition for Injunction for Protection Against Domestic Violence, filed in circuit court. It is a civil matter, not a criminal one. The person filing must allege they are a victim of battery, assault, rape, kidnapping, stalking, or false imprisonment.
How the process moves
- 01
The petition
Request Form 12.980(a) from the clerk. The narrative section is the most important part: describe the violence in detail, with date and time, and note if it happened in front of your minor children.
- 02
The judge's first ruling
If the allegations describe violence or an imminent threat, a Temporary DVI is entered and served on the Respondent. Either way, a hearing is scheduled within 15 days.
- 03
The hearing
A bench trial. Each side presents its case and cross-examines the other. Bring documentary evidence: photographs of injuries, texts, video, police reports, medical records, and witnesses.
If you are the Respondent
Be very careful at the hearing. It is electronically recorded, and anything you say becomes part of the record. The State can use that record against you in a possible criminal case. This is exactly the situation where you want a trial lawyer beside you.
If the judge grants the DVI
Typical terms and conditions include:
No direct or indirect contact, including through other people.
A stand-off distance from the Petitioner, usually 100 to 500 feet, and stay-away orders covering their home, school, and workplace.
Surrender of firearms and ammunition.
An anger management course or the Batterers' Intervention Program.
If children are involved, temporary custody and child support in the Petitioner's favor.
If ordered out of the home, a brief window to collect essential belongings with a law enforcement officer present.
A DVI is not a crime, but it has teeth
A DVI itself is not a criminal offense, but it can make a job, a passport, or a concealed carry permit harder to obtain. Violating a DVI is a crime: a 1st-degree misdemeanor punishable by up to a year in jail.
Related reading
Let's talk about your case.
813.438.6869Let me draw on more than thirty years of trial experience to build the strongest possible case. Call or email to schedule a consultation.