Injunctions (commonly called restraining orders)  against violence are emergency matters which are governed by a specific set of rules and statutes. In Florida, a spouse or family member who has been the victim of domestic violence or believes he or she  is in immediate threat of bodily harm from another, may seek an injunction for protection against domestic violence to prevent contact with that person.

A repeat violence injunction may be obtained against a stranger, neighbor, friend or any third person if that person commits two or more acts of violence or stalking. One of the two incidents must have occurred within 6 months of the filing of the petition.

Injunctions may also be sought against another for stalking violence, dating violence and sexual violence.

 The process of obtaining an injunction begins with the filing of a sworn petition which alleges specific facts to meet the requirements of the law. A judge reviews the petition and if he or she finds it legally sufficient, enters a temporary injunction and sets a hearing to determine whether a permanent injunction should be issued

At the injunction hearing, the judge hears testimony from both sides, receives evidence and makes a ruling based on the facts.  Any ruling on an injunction will likely have an enormous impact on a pending or future family law action, especially where minor children are involved.

Because of the complex criminal and civil implications of injunctions, it is best to have an attorney represent you from the start. Whether you are the victim of domestic or other violence or you have been accused of domestic or other violence, contact a qualified attorney who specializes in this area of the law to represent you.

The attorneys at the Rice Law Firm are available for same day consultations in emergency matters on a limited basis. Contact us should you need assistance in filing or defending an injunction against violence.

 

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