Injunctions For Protections
Domestic violence can have a profound impact on relationships and family dynamics, including marriages involving minor children. The Florida courts treat domestic violence with utmost seriousness, and there are legal remedies available in Florida to seek protection from such violence and abuse.
Individuals who have fallen victim to domestic violence can petition the court for an injunction, which serves to prohibit the abuser from making further contact or engaging in violent behavior. This type of injunction is commonly referred to as a protective order or restraining order. In cases of domestic violence within a family setting, the presence of abuse can also affect one’s parental rights and child custody arrangements.
Obtaining An Injunction For Protection
There are four different kinds for civil injunctions for protection: domestic violence, dating violence, repeat violence and sexual violence. Each injunction varies depending on the type of incident that occurred and the relationship you may have had with the offender.
Domestic Violence
It is common for individuals in a marriage, dating relationship, or family situation to seek an injunction for domestic violence as a means of civil protection. It is important to understand that, according to Florida law, domestic violence can manifest in various forms, including physical violence, psychological abuse, threats, sexual violence, and stalking or harassment. To be eligible for an injunction for protection against domestic violence in Florida, you must demonstrate that you are seeking an order against a family or household member.
A family or household member can be defined as any of the following:
- Current or former spouse
- A person related to you by blood or marriage
- A person who currently lives with you or has lived with you in the past
- Someone with whom you share a child
A petition for an injunction for protection against domestic violence may be filed in the circuit where the petitioner currently or temporarily resides, where the respondent resides, or where the domestic violence occurred. There is no minimum requirement of residency to petition for an injunction for protection.
Dating Violence
“Dating violence” means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature.
The existence of such a relationship shall be determined based on the consideration of the following factors:
1. A dating relationship must have existed within the past 6 months;
2. The nature of the relationship must have been characterized by the
expectation of affection or sexual involvement between the parties; and
3. The frequency and type of interaction between the persons involved in the
relationship must have included that the persons have been involved over time
and on a continuous basis during the course of the relationship.
The term does not include violence in a casual acquaintanceship or violence between individuals who only have engaged in ordinary fraternization in a business or social context.
Repeat Violence
Repeat violence” means two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner’s immediate family member.
Sexual Violence
“Sexual violence” means any one incident of: Sexual battery, A lewd or lascivious act, committed upon or in the presence of a person younger than 16 years of age; Luring or enticing a child; Sexual performance by a child; or Any other forcible felony wherein a sexual act is committed or attempted, regardless of whether criminal charges based on the incident were filed, reduced, or dismissed by the state attorney.
Contact Raymond S. Grimm Esq.P.A. Today For Expert Legal Assistance
If you require help with a domestic violence situation, Raymond S. Grimm Esq.P.A. is here to provide support. Please call (941) 423-7897 or complete our online consultation form today.
