In the state of Florida, victims of domestic violence may be eligible to obtain an injunction, or restraining order. Some call this a "stay-away" order, which prevents the person who has had an injunction placed against him or her from having contact with the victim. This may apply in situations involving not only domestic violence, but dating violence, stalking, or repeat violence. Violating a domestic violence injunction, which is a civil injunction, is a crime which may leave the offender facing jail time or other criminal penalties.Who May Petition for a Domestic Violence Injunction in Central Florida?
Any household or family member who has reasonable cause to believe he or she may become a victim of domestic violence, feels he/she is in imminent danger, or who is a victim of domestic violence may petition for an injunction.
In most cases, petitions for a domestic violence injunction are brought by the victim in civil court, either while a criminal case is pending, or even when no charges have been filed, but the family or household member fears imminent danger. As trusted Orlando family law attorneys, we know these matters are complex and confusing, one reason you should speak with an attorney whether you are the victim, or someone who has been accused of violating a domestic violence injunction or "stay-away" order.The Process of Obtaining a Domestic Violence Injunction
As mentioned, the process is a bit confusing. Basically, when you seek an injunction against a family member or someone in your household, you will be required to fill out paperwork which will then be given to a deputy clerk. At this point, the judge must review your petition to determine if the criteria for a temporary injunction is met. If it is determined that a temporary injunction should be granted, the judge will sign a temporary order. You will need to return to the County Clerk's office to learn if your petition was granted. At this point, the deputy clerk will send the temporary injunction to a law firm who will serve the injunction on the person you have filed the petition against. Once the party is served, he or she may not have any contact with you under any circumstances. In most cases, once you file for a temporary injunction and it is granted, a final hearing will take place in approximately 14 days.What if You Are On the Receiving End of a Domestic Violence Injunction?
If a domestic violence injunction has been served against you and you try to contact the individual who filed the injunction, you may be charged with a first-degree misdemeanor criminal charge. Additionally, a frivolous injunction filed against you can impact your employment or job opportunities, and result in your being prohibited from obtaining a concealed weapons permit. You may also be required by the court to take expensive classes, or forfeit any weapons you own, including firearms. Other areas of your life that may be affected include child custody, where you reside, alimony, and other family issues.Contact Adams & Luka Now
Whether you are considering filing for a domestic violence injunction because of domestic violence or out of fear you will soon become a victim, or are on the receiving end, we can help. At Adams & Luka, we realize there are very real situations in which spouses or other loved ones are the victims of domestic violence every day. We also realize that many frivolous injunctions are filed needlessly, resulting in damage to the accused individual's reputation and life. Contact us today at (407)872-0307 or (352)787-2101.