An Overview Of Domestic Violence Injunctions In Florida
A domestic violence injunction-sometimes called a “restraining order” or “protective order” is a court order intended to protect a person from violence or threats of violence by a family or household member. Florida law provides several types of injunctions, each with specific requirements and protections.
What Qualifies As Domestic Violence?
Under Florida Statutes 741.28, “domestic violence” includes:
- Assault or aggravated assault
- Battery or aggravated battery
- Sexual assault or sexual battery
- Stalking or aggravated stalking
- Kidnapping or false imprisonment
- Any criminal offense resulting in physical injury or death
The relationship between the parties is key-this law applies when the alleged violence occurs between spouses, former spouses, relatives by blood or marriage, people living together as a family, or parents of a child in common.
Types of Injunctions In Florida
Florida recognizes five main types of protective injunctions:
- Domestic Violence Injunction – for those with a family/household relationship.
- Repeat Violence Injunction – for two or more incidents of violence or stalking.
- Dating Violence Injunction – for individuals in a romantic or intimate relationship.
- Sexual Violence Injunction – for victims of sexual battery, lewd acts, or other sexual offenses.
- Stalking Injunction – for victims of stalking or cyberstalking.
The Filing Process
- Petition – The petitioner files a sworn petition with the Clerk of Court detailing the allegations.
- Temporary Injunction – If the judge finds an immediate danger, a temporary injunction may be issued the same day without the other party present.
- Hearing – A final hearing is typically set within 15 days. Both parties can present evidence and testimony.
- Final Injunction – If granted, it can remain in effect for a set period or indefinitely.
Possible consequences of an injunction if an injunction is entered against you:
- You may be prohibited from contacting the petitioner.
- You may be required to move out of a shared residence.
- You may lose the right to possess firearms and ammunition.
- It can affect employment, licensing, and future background checks.
- Violating an injunction can lead to criminal charges.
Defending against an Injunction respondents have the right to:
- Receive notice of the allegations.
- Review the evidence against them.
- Present their own witnesses and documents.
- Cross-examine the petitioner and their witnesses.
Common defenses include:
- Lack of evidence or credibility issues.
- False or exaggerated allegations.
- No qualifying relationship under the statute.
- No immediate danger justifying an injunction.
Why Legal Representation Matters
Whether you are seeking or defending against an injunction, the outcome can have long-lasting personal and legal consequences. An experienced attorney can:
- Prepare and present evidence effectively.
- Challenge improper or insufficient petitions.
- Negotiate agreements where appropriate.
- Protect your rights in court.
Florida Domestic Violence Injunction FAQ
What is a domestic violence injunction in Florida?
A domestic violence injunction-also called a restraining order-is a court order designed to protect someone from harm or threats of harm by a family or household member. It can restrict contact, require the respondent to move out, and remove firearm rights.
Who can file for a domestic violence injunction?
Under Florida law, you may file if you are:
- The victim of domestic violence, or
- In fear of imminent domestic violence
The relationship must be one of the following: spouses, former spouses, relatives by blood or marriage, people who live or lived together as a family, or parents who share a child.
How quickly can I get a domestic violence injunction?
If a judge believes you are in immediate danger, they may grant a temporary injunction the same day you file your petition. A final hearing is usually set within 15 days.
What happens at the injunction hearing?
Both the petitioner (person seeking the injunction) and the respondent (person opposing it) can present evidence, call witnesses, and cross-examine the other side. The judge will then decide whether to issue a final injunction.
How long does a final injunction last in Florida?
A final injunction can last for a set time period or indefinitely. Either party can request the court to modify or dissolve it later.
What are the consequences if an injunction is granted against me?
You may:
- Be ordered to avoid all contact with the petitioner
- Lose your right to own or possess firearms
- Be required to move out of your home
- Face criminal charges if you violate the injunction
- Experience impacts on employment and professional licensing
Can I fight a domestic violence injunction?
Yes. You have the right to defend yourself at the hearing. Defenses can include:
- No credible evidence of violence or threats
- False or exaggerated claims
- No qualifying relationship under Florida law
- No proof of imminent danger
Why should I hire a Florida domestic violence injunction lawyer?
An experienced attorney can:
- Prepare your evidence and witnesses
- Challenge weak or false allegations
- Cross-examine the opposing party effectively
- Protect your legal rights and future opportunities
How can your firm help me with a domestic violence injunction case?
We represent both petitioners and respondents in injunction cases across Florida. We provide aggressive advocacy, thorough preparation, and strategic defense to help protect your rights and achieve the best possible outcome.
Contact An Orlando Domestic Violence Defense Attorney Today
If you’ve been served with a domestic violence injunction or need immediate protection, contact Lindsey, Ferry & Parker, P.A. today for a confidential consultation with an experienced Florida domestic violence injunction lawyer.
Disclaimer: The information above is for general purposes only and does not constitute legal advice. Every case is unique. You should consult an attorney to discuss your specific situation.