When someone feels unsafe at home or fears that a spouse, former spouse, dating partner, or another family or household member may hurt them, figuring out what to do can be overwhelming. You may be worried about your children, your home, or what will happen if you involve the court.
Florida law provides several protections for people facing domestic violence or who reasonably believe they are in imminent danger. One of the most important is an injunction for protection against domestic violence. This is sometimes called a protective order or restraining order.
What Is a Domestic Violence Injunction?
A domestic violence injunction is a court order. It’s designed to protect someone from domestic violence or the threat of domestic violence. Florida law allows an eligible person to ask the circuit court for an injunction when they are a victim or have reasonable cause to believe they are in imminent danger.
Domestic violence under Florida law can include conduct such as:
- Assault
- Battery
- Stalking
- Kidnapping
- False imprisonment
- Other criminal conduct that results in physical injury or death between certain family or household members
The law also allows the court to consider other circumstances when deciding whether someone is in imminent danger.
The important point is that you do not have to wait until a situation becomes more dangerous before learning about your legal options.
What Can a Court Order Do?
Your specific circumstances determine what type of protection is available and if you qualify for protection from the law at all. If you’re able to obtain a court order, it will restrict the person from contacting you. In appropriate cases, the court can also address issues involving a shared home, children, and other matters that affect your immediate safety.
Making decisions about involving the court in your family can feel especially difficult when children are involved. A parent may want protection while also worrying about how the situation will affect the children’s relationship with the other parent. Those concerns are understandable, and they are worth discussing with a family law attorney who can explain the options available in your circumstances.
What Happens After You Ask for Protection?
A person seeking an injunction generally begins by filing a petition with the circuit court. There is no filing fee for a petition for protection against domestic violence. Court clerks are required to provide assistance with the forms.
If the court finds that an immediate and present danger exists, it may issue a temporary injunction without first hearing from the other person. A temporary injunction generally cannot last more than 15 days, and a full hearing must be scheduled no later than the date the temporary injunction expires.
That hearing gives both sides an opportunity to be heard before the court decides whether a final injunction should be entered.
What If You Already Have an Injunction?
An injunction is a court order, so its terms need to be taken seriously. You should follow the restrictions in the order even if you disagree with them or believe the situation has changed. Florida law allows either party to ask the court to modify or dissolve a domestic violence injunction.
You also do not have to figure out the process alone. If you are concerned about your safety or have questions about a domestic violence injunction, we can help. Contact the Law Offices of Robert M. Geller for help with your family law matters.
