Using an Injunction to Protect Yourself

Friday, February 9, 2018

Using an Injunction to Protect Yourself 

A protective order, also known as an injunction or restraining order, is a court order that requires one individual to cease all contact with another for a specified period of time. Typically, protective orders are used to protect domestic violence victims from facing additional abuse from their former partners.

Why Would I Need an Injunction?

An injunction requires another party to stop contacting you and avoid future contact. Individuals charged with violating injunctions can face first degree misdemeanor charges and can face criminal penalties if they are convicted.

Domestic violence is a broad range of violent actions that includes:

  • Hitting;

  • Kicking;

  • False imprisonment;

  • Kidnapping; and

  • Stalking.

With an injunction, you can temporarily obtain an exclusive right to your home, obtain temporary sole custody of your children, require your abuser to surrender all weapons he or she owns to law enforcement, and require your abuser to complete a domestic violence education course.

Types of Injunction Available to Florida Residents

The type of injunction you seek depends on the type of abuse you faced from your partner. There are numerous types of injunction available to Florida residents. The primary type of injunction is known as a domestic violence protective order. There are two versions of this injunction:

  • A temporary order, which provides protection for 15 days; and

  • A general order, which provides protection for up to one year, but can be renewed as necessary.

An individual who faces violence from a current or former spouse, his or her child’s other parent, a relative, or another member of his or her household can obtain a domestic violence protective order. Otherwise, he or she must seek protection through one of the other types of order available. These are:

  • A repeat violence injunction. The victim’s relationship to the abuser does not matter with this type of injunction. The only requirement is that at least two instances of physical violence have occurred and at least one of them occurred within the six months before the victim filed for the injunction;

  • A dating violence injunction. If the victim and abuser had a continuous sexual or romantic relationship within the past six months, the victim may obtain this type of injunction;

  • A sexual violence injunction. When the violence committed against the victim was sexual in nature, such as unwanted sexual contact or luring a child to engage in sexual activity, the victim may obtain a sexual violence injunction. There are no requirements regarding the victim’s relationship with the abuser; and

  • A stalking injunction. Any act of stalking, online or offline, is considered to be harassment and can qualify an individual for a stalking injunction against the stalker.

Work with Draper Law Office to Obtain and Enforce your Injunction

Facing an abusive, potentially dangerous former partner can be scary. If you are afraid for your safety or your child’s, do not waste any time obtaining an injunction. Work with our team of experienced family lawyers at Draper Law Office to make sure your injunction protects you completely. Contact our team online or by calling (866) 767-4711 today to schedule your free, no-obligation consultation in one of our three convenient office locations.


2/9/2018

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