There are some situations that we will never be fully prepared for in life and that includes suffering threats, harassment, stalking and physical or emotional abuse at the hands of a partner or stranger. If you are being subjected to such violence then you may want to consider obtaining a Temporary Restraining Order so that your abuser is not legally allowed to contact you.
In Florida, there are four distinct types of orders of protection against violence (officially known as an injunction in Florida) for Domestic Violence, Repeat Violence, Dating Violence and Sexual Violence. The most common being a Domestic Violence Injunction.
You may seek a Domestic Violence Injunction against a current or former spouse, boyfriend, girlfriend, domestic partner or civil union partner, or any relative. If your abuser does not fit into that category then you may be able to file under one of the other protection order categories and our experienced attorneys will be able to assist you with that process.
Once the correct forms have been filed, a judge will generally issue the order within a couple of days. All applicants should be aware that a hearing is usually held to determine the validity of the claims. The judge will consider information from both parties and then a temporary injunction, valid for up to 15 days, may be granted (time extensions can be later added).
In Florida, the court is only required to review the petition documents in order to assess if there is “an immediate and present danger of violence.” That means that no police reports, photographs of injuries, or other supporting evidence needs to be presented.
What Happens When the Injunction is Granted?
After the judge grants the injunction the abuser is notified and they are legally prohibited from all contact with you, your children, and other family members. The Injunction offers added security by also extending to places such as your home, your workplace, your car, and your children’s school. If your abuser violates the injunction you can ask the police (or the court) to reiterate the requirements of the injunction to the abuser or have the abuser placed in jail.
Injunctions tend to be granted on a temporary basis but they can be extended and rarely issued as permanent. If you are living in Florida and need immediate assistance obtaining a restraining order, please contact The Law Firm for Family Law run by Gary E. Williams. Call (727) 531-8737 today.