Orlando Attorneys for Filing & Defending Injunctions
Domestic Violence Injunctions
Pursuant to Florida Statutes 741.30, anyone who is the victim of domestic violence can petition for a domestic violence injunction. “Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another “family or household member.”
“Family or household member” means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
Repeat Violence Injunctions
Pursuant to Florida Statutes 784.046 victims of repeat violence may petition for an injunction. “Violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person.
“Repeat violence” means two incidents of violence (defined above) or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner’s immediate family member.
Dating Violence Injunctions
Florida Statutes 784.046 allows for petitions for injunctions for victims of dating violence. “Dating violence” means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on the consideration of the following factors:
- A dating relationship must have existed within the past 6 months;
- The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties; and
- The frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship.
- The term “violence” is defined as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person.
Sexual Violence Injunctions
Florida Statutes 784.046 allows for injunctions for Sexual Violence. “Sexual Violence” is defined as one incidence of sexual battery, lewd or lascivious act committed upon or in the presence of a person younger than 16, luring or enticing a child, sexual performance by a child, or any other forcible felony wherein a sexual act is committed or attempted.
For Petitioners (Filing Injunction)
If you feel you need protection through the form of an injunction keep in mind that our office should not be your first stop. If you feel that if you are in immediate danger, your first call should always be to law enforcement whether you have an attorney or not.
Also keep in mind that there are resources available to you such as Harbor House (407 886 2856) if you need to make arrangements to get out of a domestic violence situation.
Next, if you feel that you fall under one of the categories deserving of a temporary injunction you do not need counsel to file a petition. However, we do advise that you take your time and fill the application out yourself. Do not allow a courthouse employee fill out the form for you because if it is filled out incorrectly it will be you the judge gets angry with. Further, be as detailed as possible. Include dates and times and give a full detailed explanation of your reason for fearing for your safety. When asking for this extraordinary remedy there is no reason to gloss over facts. Understand the type of behavior you are complaining of so that you ask for the right type of injunction.
If you secure an injunction, do not contact the other party. If you are contacted by the other party or by a third party on his or her behalf, then you should advise law enforcement immediately.
For Respondents (Defending Against Injunctions)
The entry of an injunction against you can be terrifying. You are to have absolutely no contact either directly or through third-parties with anyone subject to the injunction (which could include your children). You may be prevented from going to your own home. Further, courts do not treat violations, even slight violations, of these injunctions kindly. It is not out of the question that a police officer could simply arrest you for a technical violation of the injunction.
At the same time, the fact that a temporary injunction has been put in place does not make you a criminal, nor does it mean that a permanent injunction will be put in place. Every piece of paper you are served with needs to be taken to an attorney right away so that you can work on a strategy to either prove that the allegations are false, exaggerated or misleading. Further, it is not uncommon for the allegations to actually fail to rise to the standard necessary for the temporary injunction in the first place. It must be remembered that the judge who reviews the petitions for these injunctions has other duties and he or she is under pressure to make a quick judgment call due to the very emergent nature of these petitions.