INJUNCTIONS

Domestic Violence

There are four orders of protection against violence that a party may seek. The orders protect a person from domestic, repeat, dating and sexual violence.

Once a party files a petition for an order of protection, it is presented to a judge to determine if an ex-parte temporary injunction should be issued. As such, no notice is provided to the opposing party. If a temporary injunction is granted, a full evidentiary hearing will be scheduled within 15 days. If a temporary injunction is denied, a final hearing will still be granted.

Section 741.28, FL Statutes, “Domestic Violence” is defined as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnaping, false imprisonment, or any criminal offense resulting in physical injury or death of one family household member by another. The court may issue a temporary injunction if the statutory required relationship exists and the court finds that there is an immediate and present danger of domestic violence. The party seeking to gain the injunction must establish reasonable cause to believe that he or she is in "imminent danger" of becoming a victim.

If an injunction is granted, the court may determine that there should be no contact within 500 feet of the shared dwelling, the petitioner’s place of employment or the petitioner’s school. The court may also order a temporary order concerning custody and time sharing of any minor children.

If the court orders exclusive possession of a home to the petitioner, the court will allow the respondent to retrieve items of personal property from the home with a law enforcement officer present.

Repeat Violence

A party who does not have a "domestic relationship" may seek an injunction for protection under the Repeat Violence Statute, Section 784.046, FL Statutes. A petitioner must establish that he or she has been the victim of two incidents of violence which includes an assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnaping, false imprisonment or any other criminal offense resulting in physical injury or death. One of the incidents of violence must have occurred within six months of filing the petition.

Dating Violence

Dating violence means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. As with domestic violence injunctions, the party requesting the injunction must establish that he or she has been a victim of violence or has a "reasonable belief" that violence is imminent.

Sexual Violence

Sexual Violence is defined as one incident of sexual battery; a lewd or lucivious act committed upon, or in the presence of a person younger than 16; luring or enticing a child’s sexual performance or any other forcible felony where a sexual act is committed or attempted. This vehicle for injunctive relief was created to provide protection for persons who are victims of one act of sexual violence but have no domestic or dating relationship with the perpetrator.

It is absolutely critical that a party seeking or defending against any one of the orders of protection referenced above understands the ramifications of their actions. Issuance of an injunction may restrict or limit time sharing with children. Issuance of an injunction may adversely affect employment. Issuance of an injunction for protection may affect one’s ability to obtain a professional licence, attend schools and colleges, and will affect the ability of party to possess a firearm.