Definition: Injunctions are court orders signed by a judge that can be enforced by law enforcement. They may be obtained when a person who falls within one of the following categories has committed a crime against you resulting in your physical injury or that person has place you in fear (with words or acts) and made you believe you would be immediately harmed by an unlawful act of violence, you may have grounds to ask the court for an Injunction.
You must be 18 years or older in order to file a Petition for Injunction. If under the age of 18, a parent or legal guardian must accompany you and file the petition on your behalf. Minor children will have to attend the hearing.
Injunctions for Protection Against Domestic Violence may be issued against:
- a spouse or former spouse
- person related by blood or marriage
- person who you are currently living with or have formerly lived with as if a family or
- someone you have a child in common, regardless of whether you were ever married to that person or lived with them
Married Persons seeking an Injunction for Protection Against Domestic Violence may also ask the Court for the following temporary relief:
- award the Petitioner temporary exclusive use and possession of the dwelling the parties share or exclude the Respondent from the residence of the petitioner
- provide a temporary parenting plan, including a temporary time-sharing schedule with regard to any minor children of the parties which might involve prohibiting or limiting time-sharing or requiring that it be supervised by a third party
- establishing temporary child support for the minor child(ren)
- direct the respondent to participate in a batterers' intervention program, counseling or other treatment at the respondent's expense.
- any other terms the court may deem necessary for the protection of a victim of domestic violence or any minor child(ren) of the victim
* During the time your injunction is in place, it is wise to file for divorce so that these issues may be resolved permanently and while you are protected by the injunction.
Injunctions for Protection Against Repeat Violence may be issued against:
- friends
- neighbors
- co-workers
- individuals who are not covered by the Domestic Violence Injunction above.
This type of injunction may be issued if someone has committed two separate acts of violence or stalking, one being within the last six months against you.
Injunctions for Protection Against Dating Violence may be issued against:
- an individual with whom you have or had a continuing and significant relationship of romantic or intimate nature
- facts taken into consideration such as how the dating relationship existed within the past six months
- the nature of the relationship and if there was an expectation of affection or
- sexual involvement and the frequency and type of interaction between you and the individual in that type of involvement over time and on a continued basis.
If an injunction of any of the above is granted by the court, the judge may order the other party not to have contact with you and not to harm you mentally or physically.
Procedure for Obtaining Domestic Violence Injunction:
1. File a petition for Protection Against Violence, there is no fee to file any of the above injunctions, however it is important to note that any information provided is a public record. You may keep your address confidential if you so request which.
2. The Petition must include specific facts and circumstances, including dates, which convince the Court that an immediate and present danger of violence exists.
3. The Petition along with all attachments are forwarded to a judge who will review the file and render a decision. If a decision is granted in your favor the Court will issue a Temporary Injunction. The Court will schedule a hearing within 15 days from the date the Petition was filed which is how long your Temporary Injunction is valid.
4. You will receive two certified copies of the Temporary Injunction and Notice of Hearing. You must keep these with you at all times. If the Respondent comes near you at any time before the hearing you may call law enforcement and they can serve the Respondent with one of the certified copies. In the meantime, the Sheriff will serve the Respondent as soon as possible during their regular working hours.
5. Whether the Respondent has been served or not you must attend the hearing. If the Respondent is not served before the hearing date you may ask the judge to extend the temporary injunction and get an Amended Temporary Injunction with a new hearing date. You must appear at each hearing date since you will be required to give testimony under oath regarding the exact circumstances of the domestic violence. The Respondent will also be present and be given an opportunity to testify under oath regarding the Respondent's recollection of the alleged incident.
6. At the hearing the judge will render his ruling and an Order will be issued.
If the Respondent violates any conditions of the Temporary or Permanent Injunction:
1. Call local law enforcement immediately
2. If Respondent is not arrested, an Affidavit of Violation of Injunction may be prepared and filed with the Clerk's office. This will be reviewed by the Court and by the State Attorney's Office for further action.
3. If the respondent has physical contact (intentional touch or strike) with the Petitioner, the State Attorney's Office can file the charge of "Battery-Domestic Violence". F.S. 784.031(1)(a) which is also a First Degree Misdemeanor.
Terminating or Dissolving an Injunction
The petitioner or the respondent may move the court to modify or dissolve an injunction at anytime.
**********IMPORTANT TIPS**********
- AFTER AN INCIDENT OF DOMESTIC VIOLENCE, IMMEDIATELY LEAVE THE PREMISES AND DO NOT RETURN TO THE PREMISES ALONE FOR ANY REASON.
- IF YOU MUST RETURN TO THE PREMISES TO GATHER BASIC NECESSITIES (SUCH AS CLOTHING, PERSONAL IDENTIFICATION, CASH, ETC...) YOU MAY DO SO BUT BRING A FRIEND OR CONTACT LOCAL LAW ENFORCEMENT FOR AN ESCORT WHEN THE RESPONDENT IS NOT HOME.
- DO NOT ENGAGE IN ANY VERBAL OR PHYSICAL CONTACT WITH THE RESPONDENT
- DO NOT INVITE THE RESPONDENT TO RETURN TO THE PREMISES WHEN THE COURT HAS ORDERED THE RESPONDENT TO VACATE THE PREMISES
- FAILURE TO ATTEND THE HEARING MAY CAUSE THE JUDGE TO DISMISS YOUR PETITION
