While criminal cases require proof “beyond a reasonable doubt,” DCF investigations and judicial cases typically rely on the “preponderance of the evidence” standard, meaning they assess whether it is more likely than not that abuse, neglect, or other issues occurred. DCF can proceed with its investigation or case even if the criminal charges are dropped, if it believes there is sufficient evidence to support the allegations under the lower burden of proof to which they are held.

That is just one example of overlapping cases. A single fact pattern can result in a criminal case, a dependency case; an injunction, a temporary custody case, and/or the re-opening of a divorce or paternity case. Overlapping cases frequently occur when a fact pattern involves allegations of abuse, neglect, or domestic violence. For instance, if a parent is accused of physically harming a child, DCF may initiate a dependency case to ensure the child’s safety and determine whether the parent should retain custody. At the same time, law enforcement may investigate the incident, leading to criminal charges like child abuse or battery. Additionally, the other parent or guardian might seek an injunction for protection against domestic violence to prevent further harm to the child or themselves. The other parent may also re-open a divorce or paternity action to modify the long-term parenting plan that governs child custody and timesharing rights. These cases, though separate, stem from the same set of facts and may involve overlapping evidence and witnesses.

If you are involved in multiple, overlapping cases, consulting an experienced family law attorney would be beneficial to better understand your rights and options. DeVoe Law Firm has helped many clients in these situations with positive results. Give us a call today.

Florida Statute §39.202(7)(a) generally requires DCF to keep records of its cases until the child who is the subject of the record is 30 years of age.  You can submit a request for investigation records at: Public Records Center (mycusthelp.com)

Do not create your account anonymously. You must provide your contact information along with your identification before the DCF records can be released so that DCF can verify you are entitled to receive the records under governing law.

For case manager records, send a written request directed to the following address:

CBC of Central Florida
Attn. Records Custodian
4001 Pelee Street, Suite 100
Orlando, FL 32817

Situations That Warrant An Injunction

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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
• assault
• threats
• kidnapping, criminal restraint, or false imprisonment
• lewdness or sexual assault
• criminal sexual contact
• criminal mischief
• burglary
• criminal trespass
• harassment
• stalking

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.

Domestic violence injunctions

Domestic violence injunctions are the most common, and are usually obtained by a family or household member who is either a victim of domestic violence or has reasonable cause to believe that he or she is in imminent danger of becoming the victim of domestic violence.

Other types of injunctions

Repeat violence injunctions

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Repeat violence is considered to be two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition. Victims of repeat violence can obtain a repeat violence injunction.

Dating violence injunctions

Dating violence is violence between two people who are currently in or have been in a significant romantic relationship. If someone in this situation has been the victim of violence of believes he or she is at risk for becoming a victim, they may obtain a dating violence injunction.

Stalking injunctions

Stalking is the willful, malicious, and repeated following, harassing, or cyberstalking of another. A stalking injunction can be obtained by someone who is being stalked in person or online, which is called cyberstalking. Stalking causes emotional distress to the victim.

Getting a restraining order in Florida

If you would like to file for a restraining order in the state of Florida, contact one of our lawyers here.

An injunction is a court order to avoid contact between individuals. It is commonly called a restraining order. To obtain a stalking injunction in Florida, the judge must see evidence of willful, malicious, repeated following, harassing, or cyberstalking of another. It is important to document all instances of online harassment, including documentation of the steps you have taken to stop the bullying.

An injunction ruling takes place in civil court. If the perpetrator continues to cyberstalk, harass the victim, or break the ruling in any way, criminal charges can then be filed. The perpetrator would then face criminal penalties, including jail.

You can benefit from having an injunction attorney help guide you through the judicial process when you or your family is dealing with an online bully or other threatening person. I can also help you with your domestic violence injunctions, repeat violence injunctions, and dating violence injunctions. Don’t live in fear of a dangerous individual. Give me a call at 407-284-1620.

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