Temporary Restraining Orders in Florida Domestic Violence Cases
If you are attempting to extricate yourself from a violent situation, always prioritize your (and any involved children’s) safety. But after taking the safety-first approach, and once you are no longer in immediate danger, the next step is to seek that which is often casually called a temporary restraining order (actually called a “petition for injunction for protection against domestic violence” in the state of Florida). What is it, what does it do, and how do you get one? Take a look at the information below regarding the process and then consider seeking out the help of an attorney to walk you through each step.
What Is a Domestic Violence Injunction?
Put simply, an injunction is a court order to stop someone from doing something. An injunction for protection against domestic violence in Florida functions like a temporary restraining order. It provides a written order from a judge to an abuser to stop harming, stalking, harassing, or otherwise injuring you. It is not necessary for you to have moved out, filed criminal charges, or even have already been abused to petition the court for an injunction in Florida. Any person who is either a victim of domestic violence or has reason to believe he or she is in imminent danger of becoming the victim of domestic violence may seek one.
What Does a Domestic Violence Injunction Do?
Obviously, it is unlawful to injure, assault, or harass another person. But receiving an injunction increases the penalties for a person who commits an act of domestic violence against you and provides documentation of a historical or likely future propensity for violence. The injunction also acts to create new penalties for an abuser’s behavior. If the injunction is in place, the abuser may be ordered not to contact you, your children, or your family, and may be ordered to stay away from places like your home, place of employment, etc. If you see the abuser violate the injunction, you can ask the police to enforce the order and arrest the abuser for breaking it.
Is This Injunction Appropriate for My Case?
An injunction for protection against domestic violence is generally used to protect a victim against a current or former spouse, partner, or significant other. If the relationship between you and your abuser is different, consult an attorney to determine whether this type of injunction or a different one may be best to protect you.
How Do I File for an Injunction?
An attorney can easily perform this task for you. The petition for an injunction for protection against domestic violence is to be filed in your county court. There is no charge in Florida for filing this petition. You will have to recount why you need the order, and a judge may want to ask you a few questions before signing the order, but you will not need to “take the stand”, testify, or be interrogated.
How Can I Find More Help?
Legal counsel can be a powerful tool to help victims of domestic violence. At Schwartz | White, our Boca Raton family law attorneys with experience in domestic violence cases are available to consult with you. Call 561-391-9943 today for a consultation.
