Domestic Violence and Civil Injunctions in Florida

A restraining order is also known as an injunction, which is granted by the court to a person as protection against another individual. If someone is the victim of domestic violence, an injunction can help keep them safe by ordering their abuser to stay away. Florida judges can issue four various types of directives to protect a domestic violence victim. It’s important to understand what these are and how they work.

Domestic Violence Laws in Florida

A person seeking a domestic violence injunction can do so if the individual who committed the act of violence resides in the same household. This includes a spouse, former spouse, live-in significant other to whom they are not married, a parent, aunt or uncle, grandparent, child, stepchild or step-parent.

Certain acts entail domestic violence. They include:

• Assault
• Battery
• Aggravated assault
• Aggravated battery
• Stalking
• Sexual assault
• Sexual battery
• False imprisonment
• Kidnapping

Any physical injury done to an individual, or a member of their family, qualifies as domestic violence.

A domestic violence injunction can do the following:

• Prevent a person from committing acts of domestic violence
• Award the victim temporary and exclusive use of the home
• Prevent the abuser from having contact with any children involved
• Forces the respondent to take abuse-intervention courses
• Forces the perpetrator to surrender any weapons to the police

In addition to filing a police report against the abuse, both parties should contact a lawyer to walk them through this process.

Restraining Orders for Acts of Sexual Violence

One can request a injunction against sexual violence as well if any of the following is relevant:

• The relationship doesn’t fall under the category of ‘family’ as per the requirement for a domestic violence injunction
• The other person committed a sexual battery or a lewd or lascivious act while a minor under 16 was present to witness it or lured a child and performed a sexual act against that child
• The victim reported the crime to the police and is cooperating with criminal action against the perpetrator
• The other individual is in prison for sexual violence against the petitioner, and their prison term is ending within 90 days

It’s tougher to get this ruling without proof, so it’s important to talk to an attorney about the case. Don’t leave out any details. Your attorney will do their own investigation to help give you a voice in court.

Injunction for Dating Violence

The judge will grant an order against dating violence if the following scenarios exist:

• The victim dated the abuser for at least the last six months
• The victim expected to continue being in a relationship with the abuser during that period
• The victim interacted with the perpetrator regularly throughout the relationship

A person can file for a dating violence injunction when all three situations are relevant, and the other person has committed acts of violence against them. If the victim is under 18, a parent or other adult will have to file a petition on their behalf.

If you have been involved in a domestic violence that resulted in a civil injunction, it is best to contact a law firm that will fight for you during this difficult time.

The Orlando injunction lawyers at the Fighter Law Firm value customer service and will gladly assist you through every step of the process. Our team has numerous years of experience assisting respondents fight injunctions, and we can do the same for you. We are located in Orlando but represent clients all over Orange County and Seminole County. Call us today at (407) 344-4837 for a free consultation and discuss your legal options with a seasoned attorney.

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