An injunction, also known as a restraining order, is a court ordered document that legally orders an abuser to stop doing certain acts. People who are victims of domestic violence can obtain an injunction in Florida, ordering their abuser to move out of their shared home and making it illegally to contact or come near the victim. This article covers the requirements and the steps that need to be taken in order to get an injunction.
Situations That Warrant An Injunction
In order to get an injunction, there usually must have been sufficient domestic violence by the abuser. Domestic violence in Florida is defined as 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. The following are examples of reasons one might file for an injunction:
• destruction of property
• kidnapping, criminal restraint, or false imprisonment
• lewdness or sexual assault
• criminal sexual contact
• criminal mischief
• criminal trespass
How To Get An Injunction In Florida
In the state of Florida, a petition for protection against domestic violence is given priority by the court system in most instances. After a petition is filed, a judge will usually review it within the next few hours. If the petition meets the requirements, the judge will usually grant an injunction right away.
Typically, after the injunction is granted, a sheriff will serve the respondent with the order and the respondent is usually required to leave the house immediately. If this occurs, it will most likely then be illegal for the respondent to be need the petitioner.
The court usually holds a return hearing two weeks after the injunction is served. In most cases, this is an opportunity for both sides to argue their case. This is when the court can make a more educated decision on whether the injunction should remain or be thrown out.
Every injunction case is different. Not every case follows the same patterned outlined above. If you are seeking an injunction, contact our office today.