Getting Protection From Domestic Violence in Florida

Incidents of domestic violence are occurring at an alarming rate across the U.S. Unfortunately, Florida is not immune from this trend, with the state reporting 67,332 cases of domestic violence in 2022 alone. We understand the sensitive and complicated nature of domestic violence allegations and use all of our experience and resources to ensure that victims are able to protect themselves. Read on to learn more about getting protection from domestic violence in Florida.

Seeking an Injunction for Immediate Legal Protection 

One of the most effective things a victim can do to protect him or herself from further incidents of domestic violence is to request an injunction through the court by filing a petition. When granted, these injunctions are powerful legal tools that provide petitioners with immediate relief by:

• Barring the abuser form further contact with the victim;
• Granting the victim exclusive use of a shared home;
• Awarding temporary custody of the couple’s children to the petitioner; and
• Requiring the respondent to hand over any firearms or weapons.

To obtain such protections, a person will need to fill out a petition for a domestic violence injunction and sign it in the presence of a notary public or the clerk of court. Once filed, a court will review the petition, decide whether to enter a temporary injunction, and schedule a hearing. When a petition meets the necessary criteria, temporary injunctions can be issued without prior notice to the abuser, or respondent. These orders are also enforceable by the police, ensuring that a petitioner receives immediate protection. Any violations of the restraining order can result in the respondent’s arrest.

Who Can File an Injunction? 

Anyone who is a victim of domestic violence or has a reasonable fear of becoming the victim of domestic violence can request protection through a domestic violence injunction. This means that not only spouses, but also former spouses, parents, children, romantic partners, and even cohabitants can seek such protections. Even minors can file such a request through a parent or guardian. Whether such an injunction is granted will depend on the strength of the evidence submitted by the petitioner, including proof of threats, harassment, or physical abuse.

Temporary and Permanent Injunctions 

Once a court has issued a temporary injunction, it will schedule a hearing to determine whether the order should be extended. Hearings are typically scheduled within two weeks of the order and will give all of the parties the opportunity to present evidence, including eyewitness testimony and police reports. If a permanent injunction is issued, its protections will remain in place until the order is changed or terminated by a judge, or until a specific date passes.

Experienced Florida Domestic Violence Lawyers 

At Cairns Law, we are committed to supporting and guiding victims of domestic violence throughout the state of Florida. Reach out to our legal team and we’ll put our experience to use working towards a more secure future for you and your family. Get in touch with our dedicated and compassionate Largo domestic violence lawyers by calling 727-683-1472 today.

Sources: 

flhealthcharts.gov/ChartsDashboards/rdPage.aspx?rdReport=NonVitalIndNoGrp.Dataviewer&cid=312

firstjudicialcircuit.org/programs-and-services/family-law/domestic-violence-and-civil-injunctions