How To Request A Domestic Violence Injunction In Florida

Those who have been abused by a relative often feel as though they have nowhere to turn. Fortunately, individuals who find themselves in this situation do have legal options, including the chance to request a domestic violence injunction, which, if granted, can help protect them from future violence. To learn more about these rights and how they could apply in your own case, please reach out to one of our dedicated Largo domestic violence lawyers today.

Request a Temporary Injunction

One of the first things that a person should consider doing when seeking legal protection from domestic violence is go to the local courthouse and file a petition for a temporary restraining order. When completing the petition, a person will be asked to provide details about him or herself, as well as information about the respondent, or the subject of the restraining order. The filing will also require a detailed explanation of the respondent’s actions, which should be completed carefully, as it is this information that the judge will see when deciding whether or not to issue a temporary restraining order. These petitions are typically reviewed immediately and if granted, remain in effect for 15 days.

Serve the Restraining Order

Those who have been granted a restraining order will need to serve that document on the other party. Petitioners should not, however, do this themselves, even if they live with the respondent. Instead, the court will supply local law enforcement officers with the relevant documentation, after which those officers will personally serve the respondent. Local law enforcement can also be called upon to escort the petitioner to his or home and force the other party to leave in the event that the latter still resides there. The respondent will then be barred from further contact with the petitioner for at least two weeks, during which time, he or she should be sure to start gathering evidence for the hearing.

Prepare the Case for a Formal Hearing

A temporary domestic violence injunction will only become permanent after a formal hearing, where a judge will have the opportunity to hear the petitioner’s allegations, as well as the respondent’s defenses. At this time, the petitioner can seek a permanent injunction and present evidence to support his or her claims, although all evidence must directly relate to the allegations contained in the original petition. Furthermore, certain evidence, including emails, texts, and some verbal statements, cannot be used unless they meet certain criteria. This is where having an attorney on your side who can compile, organize, and present evidence in the proper way can make the biggest difference. If awarded, the permanent injunction will remain in place for a specific period of time, or until modified or terminated by a judge.

Filing a Domestic Violence Restraining Order

At Cairns Law, our Largo domestic violence lawyers are dedicated to helping clients obtain legal protection from a violent partner or relative. For an evaluation of your own case and an explanation of your possible legal options, please call our office at 727-683-1472 today.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.30.html