Unless the petition for the injunction is facially insufficient (extremely and severely lacking), the court will grant the temporary injunction without hearing even a word from the respondent.
The court, then, sets a final hearing to determine whether a permanent injunction will be put into place.
For a petitioner’s temporary injunction to be granted, the judge needs to find “clear and convincing evidence” of either domestic violence, dating violence, repeat violence, or sexual violence.
Clear and convincing evidence is more than the “preponderance of the evidence” standard (51% certainty), but less than the “beyond a reasonable doubt” standard (approximately 95-100% certainty).
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