How to Obtain an Injunction in Florida

Site Administrator — Tue, 07 Feb 2017 15:58:24 +0000

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

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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.

Does Domestic Violence Affect Support?

Site Administrator — Tue, 20 Sep 2016 03:41:48 +0000

Domestic violence, defined as “physical, emotional, sexual, and/or financial abuse from one individual towards another” can have any number of drastic effects on household members. It can affect work performance, relationships with friends, behavior at school, and can even be used as a wedge on which to divide extended families in half.

Even once a victim breaks away from a domestic violence situation, the effects don’t necessarily stop. Case in point, child support.

Making the decision to file for child support

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For victims of domestic violence, it may seem like a complete 100% break from the abuser is the best course of action, but if that means being unable to fully provide for a child, or living under constant financial stress, then the decision might have to be rethought.

Before the decision to file for child support is made, there will most likely be a conversation about child support between the victim and the abuser, where they will likely try to convince the victim not to file. They may say things like:

“I’ll send you checks each month, I promise”
“Don’t garnish my wages, I’ll make the payments directly” or even
“If you can’t provide for the child, then I’ll file for custody and take them from you”

In situations like these, you need to be extra careful. The entire reason that there is a legal system related to child support payments and wage garnishment is because assurances from abusers like we listed above very rarely actually amount to anything more than empty promises or threats. In cases where the abuser threatens to file for sole custody, it’s important to remember that while family courts definitely take financial stability into account, they also take any history of domestic violence into consideration as well.

Making the decision to hire an attorney

In domestic violence situations, there is always more going on than simply “you pay me X money per month”. There are relationships at risk, there are potential repercussions from wage garnishment, there are worries of continued violence, etc. An attorney is not only the best-equipped person out there to help you with your child support filing, but they also have connections to support groups and domestic violence shelters, as well as being able to help you with restraining orders if the need arises.

You don’t just need money to provide financially, you also need to be able to guarantee yours and your child’s safety. Getting the strength of the family court system on your side can be an incredibly powerful thing, and a family law attorney has the expertise to make it happen.