| This scenario happens more often in divorces today: | | | | exclusive use of the home. |
| A client comes in and states that he/she and their | | | | Unfortunately, the only evidence that needs to be |
| spouse are still living together, but not getting along. | | | | presented to the judge is a scenario of events |
| Both parties want a divorce and in the divorce, they | | | | sworn under oath. No pictures are needed to show |
| both want the house and/or house and children. The | | | | injuries, no police reports have to have been filed and |
| client retains an attorney to begin the Divorce | | | | no witnesses have to be present. This leads to |
| process. However, the next call I get is my client | | | | Injunctions being issued in cases where the Petitioner |
| stating that he or she was just served with a | | | | has possibly fabricated the truth. Furthermore, most |
| Domestic Violence Injunction and he/she was | | | | judges are more likely to be safe than sorry and |
| ordered out of the home and therefore, cannot see | | | | grant temporary injunctions. |
| his/her children or have no place to live because they | | | | The Domestic Violence Injunction places the person |
| cannot go back into the home. | | | | in the home and/or with the children with an |
| Domestic violence injunctions are highly overused by | | | | advantage in the Divorce case, especially if the |
| parties in a divorce. To get an injunction, a person | | | | Injunction is permanently granted. The person who is |
| goes to the clerk of court and fills out paperwork | | | | removed from the home, will have limited time with |
| describing events that have taken place to place a | | | | the children, an inability to go to the home to remove |
| person in fear. The paperwork is then sent to a duty | | | | items and will have to quickly relocate. The courts in |
| judge to read the petition. The Petition is signed as | | | | a Divorce may likely grant the Parent in the home |
| true and accurate by the Petitioner. If the duty judge | | | | with the children exclusive use of the home and a |
| feels that the information in the petition is compelling | | | | majority of the parenting time with the children in the |
| enough to determine that the petitioner is in | | | | Dissolution of Marriage. Therefore, be aware of this |
| jeopardy of being harmed, then the judge will grant | | | | tool used by many opposing parties in a Dissolution of |
| the Temporary injunction and set a final hearing on | | | | Marriage to gain advantage over the assets and the |
| the injunction within two weeks. Upon the | | | | children. |
| Respondent being served with the injunction, he or | | | | If a person is truly in fear or is being abused, then |
| she will not be able to contact the Petitioner or go to | | | | this tool is imperative for your safety, however, be |
| certain places in the injunction, including the marital | | | | aware of an attorney who recommends this tool to |
| home, if the Petitioner is seeking temporary and | | | | gain an unfair advantage in a Divorce. |