There are harsh penalties imposed on those that perpetuate abuse.
Types of Injunctions in Florida:
A Domestic Violence Injunction
This is appropriate for persons related by blood or marriage. It can also include individuals that reside in your household currently, in the past, or the father of your child. The court can order the respondent of an injunction to leave the household, attend domestic violence intervention programs, and surrender any weapons they may have. A domestic violence injunction has significant impacts on child support, child custody, and visitation.
A Sexual Violence Injunction
A petitioner can file for this type of protective order if the perpetrator threatened or carried out any acts of sexual violence against them. It is for persons not related to the victim and includes sexual acts upon children, adults, or in the presence of a child under the age of 16.
A Dating Violence Injunction
This protective order is applicable for a petitioner who is in fear of violence or has experienced violence from someone who has shared a romantic or intimate relationship with them.
A Repeat Violence Injunction
A petitioner can file for this protective order if the abuser does not fit into the above categories, such as neighbors or co-workers. In addition, there must be at least two incidents of violence or threats of violence. Finally, one of the incidents must have occurred over the past six months.
A Stalking Violence Injunction
This protective order is for non-family members. It includes stalking and cyberstalking. There must be at least two incidents of stalking, the last one being in the past six months.
Process of an Injunction
When a petitioner files for an injunction in Florida, a judge reviews the allegations within 24-48 hours. Based on the facts presented, the judge may order a temporary injunction until a scheduled formal hearing. The respondent is notified of the temporary injunction and the court hearing. During the hearing, each party presents evidence such as medical records, witnesses, text messages, videos, and e-mails, to be reviewed by the judge. The judge will determine at that time if they will order a permanent injunction. It will remain in effect until the court terminates it.
Downer Law is your Family Law Advocate
Filing for an injunction or being a respondent to an injunction is an emotionally charged legal matter. At our law firm, we understand what is at stake. We work tirelessly for our clients to safeguard their families and their reputations. If you are in danger, contact us immediately. Our legal team will help you to secure an injunction. For a respondent of an injunction, we will gather evidence to defend you against a wrongful granting of an order. Our law firm provides compassionate legal guidance and aggressive courtroom representation. We represent clients in Volusia, Seminole, and Orange Counties.