Domestic Violence Injunctions & Protection Orders

Domestic Violence Injunctions & Protection Orders

In Florida, a Restraining Order is called an Injunction for Domestic Violence. There are no Filing Fees Filing for Domestic Violence injunctions in Florida.

The main goal of an Injunction is immediate and enforceable safety for you and your family, if you are in fear or facing abuse, harassment, or threats of imminent harm. In order to file, you must show the Court that you have either been the victim of Domestic Violence or that you have a reasonable and immediate fear that you are in danger of becoming a victim.

The Types Injunctions

Many people do not realize that Florida provides allows for different types of Injunctions depending upon your relationship with the person you are in need of protection from. You do not have to be married or live with someone to qualify for legal protection. Below we discuss a few;

1. Domestic Violence Injunction– The Domestic Violence Injunction is for either current or former spouses, family members, or people who live or have lived together as a household or family unit.
2. Stalking Injunction – This is for harassment, or cyberstalking, regardless of the relationship, which when there have been at least two incidents of violence or stalking, with no legitimate reason.

If you are unsure which type applies to your situation, that is exactly the conversation to have with Melissa before you file a Petition.

A Bit about How the Injunction Process Works

Navigating the Court system while fearing for your safety can be a bit overwhelming, this is why hiring an experienced Lawyer like Melissa Waldinger can help you feel at ease.

The Temporary Injunction. After your Petition is filed, a Court will review it immediately. If evidence of imminent harm is found, a Temporary Injunction can be issued the same day Ex Parte, which means Without a Hearing and Without notifying the other Party first. This Temporary Order is usually effective for up to Fourteen (14) days and is served upon the Offending Party by the Sheriff in the County in which the incident took place.

The Final Injunction Hearing. Before the Temporary Order expires, the Court schedules a Formal Hearing, with notice to both sides. At this Hearing, both sides are able to present evidence, and testimony. The Court will then decide whether to issue a Final long-term Injunction, which can last for a set number of years or remain in place indefinitely.

Having Melissa Waldinger by your side at this Hearing is critical. She will help you organize your evidence, prepare your testimony, and present a clear, compelling case to the Court.

Why Evidence Helps Your Case

The stronger your documentation, the stronger your Petition for Injunction for Domestic Violence. Some tips on useful evidence includes:

1. Text messages, emails, and social media messages containing threats or harassment
2. Photographs of injuries, damaged property, or the scene
3. Police reports or prior incident numbers
4. Medical records documenting injuries
5. Witness statements from neighbors, family members, or coworkers who observed the abuse or threats
6. A detailed written account of each incident with dates, times, and locations

Injunction for Domestic Violence is Granted; What to Expect:

An Injunction is a serious Legal Order with Real Life Consequences that can:

1. Prohibit all contact in person, by phone, text, email, or through a third party
2. Remove the Offending Party from a shared home
3. Temporarily modify child custody or time-sharing to protect the children
4. Require the Offending Party to surrender all firearms and ammunition
5. Require one to attend a batterers’ intervention program
6. Restrict one to be banned from your workplace, your children’s school, and other locations you specify

Does a Domestic Violence Injunction Go on Someone’s Record?

It is possible. A Permanent Injunction becomes part of the Public Record and will appear on background checks for employment applications and rental housing and can carry additional consequences, affect professional licenses, and security clearances.