Domestic Violence Articles - Florida Law
Domestic Violence Injunctions - What to Expect
By David Roberts | Family Law Attorney
Posted on October 24, 2016
With around 960,000 cases yearly in the US, domestic violence, unfortunately, is not a rare thing. Reporting domestic violence can be scary, but it is important to remember that you are not alone. If you are a current victim or think you may soon become a victim of domestic violence, it is important to seek help immediately.
One step of action you can take, is to file a domestic violence injunction. This injunction, when approved, acts as a restraining order against the abuser. Knowing when to file for a domestic violence injunction is important, as you will need to plead specific facts about your case. Remember that you do not have to already be the victim of abuse to file an injunction, meaning if you believe you are in danger, you do not need to wait for an act of violence to occur to file for this injunction. Likewise, you can still file an injunction even if you have left your household in order to avoid the domestic violence.
Once you file your petition for protection, it will be given to a judge to decide whether or not to grant you a temporary injunction. It is important that you be specific and take time filling out your petition, as this is the only evidence the judge will see to make their decision. If your petition is approved, the abuser will be notified and the temporary injunction will go into effect. This injunction will only last 15 days, or until the court grants you a hearing to decide how long the final injunction will be. Final injunctions can have set end dates, or no end date at all.
If you are ineligible for a domestic violence injunction, keep in mind there are other injunctions you may be eligible for, such as repeat violence, dating, or sexual violence. If you believe you are in need of a restraining order, need help filing for an injunction, or have any questions about domestic violence injunctions, call The Roberts Family Law Firm at (407) 426-6999 to talk to an attorney today.
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