Injunctions for Protection
What is an injunction for protection against domestic violence?
An injunction is a court order signed by a judge that can be served and or enforced by law enforcement. An Injunction for Protection Against Domestic Violence may be issued against a spouse or former spouse, a person related by blood or marriage, a person which you are presently living with or have formerly lived with as if a family, or against someone with whom you have a child in common, regardless whether you were ever married to that person or lived with them. If a person falling within one of the previous descriptions has committed a crime against you resulting in your physical injury, or that person has placed you in fear with words or physical acts, you may have grounds to ask the court for an Injunction for Protection Against Domestic Violence.
What is an injunction for protection against repeat violence?
An Injunction for Protection Against Repeat Violence may be issued if someone has committed two separate acts of violence or stalking, one being within the last six months, against you. The Injunction for Protection Against Repeat Violence is available for those individuals not covered by the Domestic Violence Injunctions.
What is an injunction for protection against dating violence?
An Injunction for Protection Against Dating Violence may be issued against an individual whom you have or have had a romantic or intimate continuing or significant relationship. This relationship must have existed in the past six (6) months, must have existed over time on a continuous basis and must be described as an expectation of affection or sexual relation. A parent or legal guardian may obtain an Injunction for Protection Against Dating Violence on behalf of a minor child who is living at home if they have been an eyewitness to, or have direct physical evidence or eyewitness affidavits about the facts which are the basis for the petition.
What is an injunction for protection against sexual violence?
An Injunction for Protection Against Sexual Violence may be issued if you are the victim of sexual violence or the parent or guardian of a minor who is living at home and is the victim of sexual violence. Sexual Battery is defined in Chapter 794, Florida Statutes. In order to get an injunction for Protection Against Sexual Violence, you must have reported the incident to a law enforcement agency and must be cooperating with any criminal proceedings, if there is one. You may also seek an injunction if the respondent went to prison for committing one of the sexual violence crimes as defined in Chapter 794, Florida Statutes against you or your minor child living at home and respondent is out or will be getting out of prison within 90 days of the filing of your petition.
What information will the court need to file a petition for injunction for protection?
The Injunction for Protection must contain:
- specific facts and circumstances, including dates, which convince the Court that an immediate and present danger of violence exists;
- respondent’s physical description, date of birth, address where he or she can be located, which will assist law enforcement officers in locating and identifying the Respondent;
- description of any previous or pending attempts you have made to obtain an Injunction for Protection or any other cause of action currently pending between you and the Respondent. You may keep your address confidential if you so request;
- a valid picture identification, ie. driver’s license, to file the Injunction.
After a judge has rendered a decision on the petition, what happens next?
Once the judge has rendered a decision the Clerk will provide you with a certified copy of the Temporary Injunction and Notice of Hearing. You must return to the Clerk’s Office to pick up this copy. You should keep this copy with you at all times.The Clerk will forward the paperwork to the Sheriff of the County where the Respondent resides or can be located. The Sheriff will serve the Respondent as soon as possible. THE INJUNCTION IS NOT IN EFFECT UNTIL THE RESPONDENT IS SERVED. If the Sheriff’s Office is unable to serve a copy on the Respondent prior to the hearing date, you still must attend the hearing. You are required to appear at the hearing to give testimony, under oath, regarding the exact circumstances of the violence against you. You will be provided a copy of the Order in which the judge renders his ruling from this hearing; this Order should be kept with you at all times.
What do I do if the respondent violates the injunction?
If the Respondent violates any conditions of the Temporary or Permanent Injunction, you should first consider requesting the immediate assistance of local law enforcement. If the Respondent is not arrested, you may return to the Clerk’s Office for assistance in the preparation of an Affidavit of Violation of Injunction.
For further information please contact our office at (352)540-6336 or visit us in Room 246.