Domestic Violence Injunctions
Domestic violence injunctions are available to protect victims of household violence. Sometimes these orders are known as “orders of protection”, “restraining order”, or “stay-away orders”. These types of orders require someone to stay away from the other. They can also provide conditions concerning weapon possession, custody, and temporary support. Domestic violence orders are available pursuant to Florida Statute 784. Injunctions can also be pursued in cases of stalking, sexual violence or repeat violence. The statutory provisions to obtain injunction for stalking, sexual violence or repeat violence are different than domestic violence itself.
Obtaining an Injunction
The first step in making a request for domestic violence injunctions is filing a petition. The petition for the order of protection must allege that the petitioner has been the victim of domestic violence. Alternatively, the petitioner may allege that they are in imminent danger of becoming a victim of domestic violence. The term domestic violence has a specific definitions under the law. Experienced family law attorney Martin Family Law represents victims of domestic violence and helps its clients understand whether they have standing to obtain domestic violence injunctions. Injunctions can also be filed by a parent on behalf of a minor child, if the situation warrants.
Who Can Get Protection?
An injunction for protection against domestic violence can only be requested by certain individuals. These are typically people that are family or household members of the offending party. This includes spouses, former spouses, and also the parents of a child in common, persons related by blood, and persons who resided together in the past as if a family. Florida Statute governs who has standing to file a petition for protection against domestic violence. Boca Raton divorce law firm Martin Family Law helps its clients determine whether they meet the criteria to request domestic violence injunctions.
Temporary Domestic Violence Injunctions
Florida Statute obligates the Court to review a petition for temporary injunction for protection against domestic violence on Saturday, Sundays, holidays, even after hours on weekdays. Most often, the Court will determine whether to issue a temporary injunction ex-parte. When making ex-parte determinations to issue temporary domestic violence injunctions, the court will review only the verified pleadings or affidavits. Therefore, it is important to carefully draft the petition to ensure all relevant information is included.
False Claims of Violence
Unfortunately, some litigants file a request for domestic violence injunctions using falsified information. Martin Family Law defends clients against false claims of domestic violence, sexual violence, or repeat violence. We have successfully obtained the dismissal of injunctions that were filed without merit. Contact Martin Family Law for a free consultation.