How to File a Domestic Violence Injunction in Florida

Domestic and physical violence is intolerable for anyone to live with. In Florida, one in four women and one in seven men will face violence by someone close to them at some point during their life. If you or a loved one is suffering from violent behaviors at the hands of a friend, partner, or family member, there are steps you can take to get some protection. These are the ways to request an injunction against someone for domestic violence, and how to proceed after that. 

When Is It Appropriate to Request an Injunction Against Domestic Violence?

Florida Statute 741.28 defines domestic violence as the following:  

Any assault, aggravated assault, battery, aggravated battery, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in a physical injury or death of one family or household member by another family or household member. 

The person you’re requesting the injunction against for domestic violence would have to meet at least one of the following criteria:

• He or she lives with you or has lived with you in the past
• He or she has lived with you in the past as a member of your family by blood or marriage
• He or she has a child with you, even if you don’t or never have lived together

Any of these scenarios are grounds for an injunction against domestic violence. It’s not worth waiting for matters to get worse before getting the protection you need.  

Are There Other Types of Injunctions Against Violence in Florida?

In Florida, there are three other forms of injunction besides domestic violence. That includes injunctions for protection against repeat violence, dating violence, and sexual violence.

You can request an injunction for protection against repeat violence if the following apply to you and the respondent, or the person you’re filing the order against:

• There is no relation by blood
• You do not have any children together
• You have never lived together
• There are at least two or more violent incidents

An injunction for victims of dating violence applies if the following conditions are met:

• The relationship was active at some point in the last six months
• The nature of the relationship is one rendered by the presumption of sexual involvement or affection between parties
• The type of interaction and frequency must be based on the party’s participation over time and an ongoing basis while the relationship lasted

Victims of sexual violence can file for an injunction if the following applies:

• You have previously reported the sexual abuse to law enforcement and are aiding in any criminal proceedings against the respondent
• The respondent who was sexually violent with you was sentenced to a term in state prison, and the time has expired or is about to expire within 90 days after the date of the petition for the injunction is filed.

If a domestic violence injunction does not apply to your situation, then victims can seek an injunction under one of these three other types.

How to File a Petition for an Injunction

Victims of domestic violence can go to their county’s clerk of the circuit court and file a petition for an injunction for protection against domestic violence. From there, the Clerk’s Office will provide a form to fill out your request. That’s the first step to an injunction for protection. You can also find these forms online to fill out ahead of time to speed up the process.

Information that you’ll need for the forms includes:

• The abuser’s current address
• Last place of employment
• Date of birth
• Any other names that he or she uses
• When you were married (if applicable)
• and any other injunctions or court cases that are against the abuser.

From there, a judge will review your petition and issue an ex parte injunction, which is temporary. The judge has only heard one side of the story and will set a court date to listen to the respondent’s side of the story before making an injunction permanent.

Call Experienced Injunction Attorneys in Orlando for Help 

If you’re being abused and treated violently at home, get the protection that you need by filing a domestic violence injunction. After that, contact Fighter Law to fight for you and win your case. The first consultation is free and confidential. Complete an online contact form or call at (407) FIGHTER (344-4837).

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