Do you qualify to file a "Petition for Injunction for Protection Against Domestic Violence?"
- If you are a victim of any act of domestic violence or have reasonable cause to believe that you are in imminent danger of becoming a victim of domestic violence, you may ask the court for a protective order prohibiting domestic violence.
- Domestic violence includes: assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any other criminal offense resulting in physical injury or death to petitioner by any of petitioner's family or household members who are residing in the same single dwelling unit with petitioner.
- The domestic violence laws only apply to your situation if the respondent is your spouse, former spouse, related to you by blood or marriage, living with you now or has lived with you in the past (if you are or were living as a family), or the other parent of your child(ren), whether or not you have ever been married or ever lived together.
What is an injunction?
- It is a court order sometimes called a "Restraining Order," that directs the person not to have any contact with you.
What can the injunction do for you?
The injunction can provide such relief as the court deems proper, including:
- Restraining the respondent from committing any acts of domestic violence;
- Awarding you temporary exclusive use of the home;
- Awarding you temporary custody of your children;
- Establishing temporary child support for minor children (if the respondent has a legal obligation to do so); or
- Ordering the respondent to participate in a batterer's intervention course.
Do I need an Attorney?
- If you desire legal advice you may consult an attorney. Please understand that Court Administration staff are not qualified or allowed to give legal advice.
An injunction was entered against me. What does it mean?
- If an injunction has been entered against you, it means that the judge has ordered you to have no contact with the petitioner. This includes any form of contact (i.e. letters, cards, phone calls, e-mail, etc.) not expressly authorized by the judge. Read the injunction carefully, as it may have special requirements such as your participation in a batterers' intervention program. It may also specify a time and place for you to obtain any of your belongings that are in the possession of the petitioner.
For additional information please visit the site for the Florida Coalition Against Domestic Violence: www.fcadv.org