Domestic Violence Injunction
Domestic Violence Injunctions in Florida
In America, every day, 1 in 4 women and 1 in 7 men suffer physical violence from a loved one. It is important not to stay silent. Contact your local Court Clerk who can help you with the procedure to stop the abuse. You can also contact the National Domestic Violence Hotline for guidance.
Domestic Violence Defined
“Domestic violence” is any assault or aggravated assault, dating assault, battery or aggravated battery, repeat violence, sexual assault or sexual battery, cyber-stalking, stalking or aggravated stalking, kidnapping, imprisonment, or any offense that results in physical injury or death of one household or family member by another household or family member.
If you think you are a victim of domestic violence, you can ask for a restraining order (also known as a domestic violence injunction) if the violator:
- Lives with you
- Has lived with you as a member of the family in the past, such as a spouse, person related by blood or marriage, or a former spouse
- Is a person who has resided together with you as though they were your spouse
- If you had a child together, even if you haven’t lived together
What to Do if You Need to Obtain an Injunction (Restraining Order)
If you believe you need a restraining order, you do not need an attorney to file it, but keep in mind that the Court does not provide legal advice. However, in order to inform petitioners about the injunction process, the Office of State Courts has put together a brochure.
Also, the Victim Services Offices can assist victims of violent crimes through crisis response, therapy, advocacy, and community awareness. They can refer them to social service agencies and inform them about the court process.
How Does the Injunction Process Work?
The injunction process begins when you file for a restraining order. The staff will help you fill out all the necessary paperwork, which is then taken to a judge to review. If the judge finds that the sworn allegations in the paperwork meet the Florida law requirements for the issuance of a restraining order, the judge will issue a Temporary Injunction, which is then valid for 15 days. Within these 15 days, a hearing will be scheduled, and the respondent will be served with the injunction paperwork. During this Covid-19 crisis, domestic violence injunctions are still being heard by the court. The courts are following CDC guidelines and limiting the number of people in the court-room at any given time.
The Temporary Injunction can include the requirement for the respondent to:
- have no contact with the person who is filing the injunction (the petitioner)
- stay away from their home and workplace
- leave a shared home
- grant temporary custody of minor children
- require the surrender of any firearms
The respondent must be served the restraining order beforethese measures go into effect.
Then at the court hearing, the judge will decide whether to issue a Permanent Injunction after hearing testimony from both parties and witnesses and considering presented evidence. If a Permanent Injunction is issued, it will be valid until the decision is changed by the judge at one or both of the party’s request, after a hearing and notice, or until a particular date, the judge has the discretion to set.
The Permanent Injunction can include the requirement for the respondent to have no contact with the petitioner, stay away from their home and workplace, grant custody, visitation, and spousal and child support, and require the surrender of any firearms.
Violation of an Injunction
It is considered a violation of the injunction if the respondent:
- refuses to leave home
- goes to the petitioner or any of the household or family members
- commits domestic violence aimed against the petitioner
- commits other forms of violation through an unlawful intentional word or act
- refuses to dispose of firearms
- contacts the petitioner, in case they were ordered not to
- tries o reach out to the petitioner through a third party or
- tries to contact the petitioner via social media
Attorney Diaz practices exclusively in Divorce and other family law matters. If you would like to discuss the specifics of your Domestic Violence injunction, divorce case or other family law matters, call Debora A. Diaz Esquire at 727-846-1802 to schedule a consultation or click on the Scheduling Link: https://
Written by Debora A. Diaz, Esq.