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Draper Law Office is dedicated to helping in a variety of family law cases
, including working with injunctions and domestic violence cases. Injunctions are also known as restraining orders, or Orders of Protection. There are four types of civil injunctions that can be filed with the Clerk of Court: domestic violence, sexual violence, dating violence, and repeat violence. Each has different requirements based upon your relationship with the other person and what occurred.
Domestic Violence Injunctions
Domestic violence injunctions can be filed against anyone who either lives with you now or has lived with you as part of your “family” – those often include relatives by blood or marriage, including spouses, parents, aunts, uncles, step-families, or a person who is the parent of your child, regardless of whether you have lived with them. The purpose of a domestic violence injunction is to restrain the respondent from committing further acts of domestic violence, award you temporary exclusive use of the home, address issues related to child support and timesharing and require respondents to surrender weapons to law enforcement.
Sexual Violence Orders of Protection
Sexual Violence Orders of Protection are filed if the relationship does not meet the “family” definition for domestic violence, and the person has committed sexual battery, lewd and lascivious acts upon or in the presence of a child under 16, lured or enticed a child as described in FS Chapter 787, required a child to sexually perform or committed any forcible felony wherein sexual acts were committed or attempted. The other person must have been in prison for sexual violence against you or you must have reported the sexual violence to law enforcement as well.
Dating Violence Injunctions
Dating violence injunctions can be filed if you have dated the other person in the last 6 months, have had continued affection and sexual involvement during this time, interacted with the person frequently, and the other person has been violent to you.
Finally, if your case does not fall into the former three categories, you may be entitled to file an injunction for repeat violence, so long as there has been at least two incidents of physical violence, threats of violence, or stalking and one of them has occurred in the last six months.
For more information about your legal rights involving a domestic injunction, call us toll free at 1-866-767-4711 or contact our attorneys via our online contact form