Domestic Violence can be any type of assault by a family member on another family member. Florida domestic violence injunctions can include assault charges such as: sexual charges or battery, any type of physical abuse, threats to life, stalking or any criminal offense. These crimes can be by a spouse or a former spouse, blood relatives, people with whom you had a relationship at some point and have a child with that person or someone you share a house with.
An injunction is a court order prohibiting a person to act with violence towards another person. Under Florida laws complaints of domestic violence are taken very seriously and require full investigation from the police. Officers of the law have to also make sure that the abuser receives any medical assistance if required and investigate the matter thoroughly.
Types of injunctions under Florida law
Florida domestic vilence injunctions can be temporary or permanent depending on the situation.
Temporary injunctions mean that a court decides on giving an immediate injunction. This is done solely on the petition filed in the court. For temporary injunctions the court doesn’t ask for any evidence or witnesses. The injunction is issued on the information provided in the petition. Once the court issues the injunction it is then served to the abuser and then it comes into effect.
The temporary injunctions are for a limited period of time only. But this is not issued for more than 15 days. This period gives immediate protection to the petitioner and also gives time to both the petitioner and the abuser to prepare their cases for the hearing where a decision of the final injunction is taken.
Final injunctions last longer than temporary injunctions and provide the petitioner with more protection. Final injunctions may or may not have an expiry date. In any case both the parties can ask the court for a modification by filing the petition in the court. In case the petitioner doesn’t want a permanent injunction they may file a request for the same.
How do injunctions help?
Court injunctions help the abused receive protection from the abuser. A court injunction carries a lot of weight and can greatly help anyone suffering from any kind of domestic abuse. The injunction disallows any more violence from the abuser. In cases where the abused and the abuser share a residence, the court injunction can ask the abuser to vacate the residence for a period of time or permanently. Court injunctions also protect the children if they are indirectly getting affected by the abuse. It is up to the court to issue the type of protection from the injunctions that is issued concerning your petition.
What happens when someone violates an injunction?
The courts in Florida can take strict action against any violations with regards to court-issued injunctions. Such an act can lead to jail time, which can last up to a year or more. The court can also levy a fine on the violator. The amount can be any as considered fit by the court.
If you have any questions about Florida domestic violence injunctions or would like to speak to us about your options, please contact us at (813) 518-7411. We represent clients during stressful and difficult times in their lives. We are empathetic, responsive, and push for a quick resolution. We look forward to helping you resolve your issue quickly, fairly, and in a way that will help you to return to the stable, predictable life that you deserve.