Unfortunately domestic violence is common in many homes. Florida provides for protection against domestic violence by allowing a victim or potential victim of domestic violence to obtain an Injunction for Protection Against Domestic Violence, commonly known as a restraining order.
Where a person or their child is a victim of an act of domestic violence or has reason to believe they are in imminent danger of becoming a victim of domestic violence, the Injunction for Protection Against Domestic Violence is sought from the court and if granted, it provides protection from the Respondent, or the aggressor.
An Injunction for Protection Against Domestic Violence can be sought where the respondent is a spouse, former spouse, related to the victim by blood or marriage, living with the victim now or in the past as a family, or is the other parent or child regardless of whether they were ever married or lived together.
When the violence is perpetrated by someone other than the family members set forth above, the alternative is an Injunction for Protection Against Repeat Violence. There must have been at least two instances of violence committed against the victim within six months of filing for the Injunction.
Both Domestic Violence and Repeat Violence include assault, aggravated assault, battery, aggravated battery, sexual assault, sexual batter, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death.
Based on the facts alleged by the victim, the Judge may sign an immediate Temporary Injunction for Protection against Domestic Violence and a hearing will be set within fifteen (15) days to determine if it will remain in place. Where the Judge does not sign the Temporary Injunction, it means they did not find that imminent danger of domestic violence exists from the facts alleged. In that situation, a hearing is set within fifteen (15) days so that the Petitioner can present evidence as to why imminent danger of domestic violence or repeat violence exists.
When an Injunction for Protection Against Domestic Violence is ordered, the court may order spousal support or alimony to be paid during the injunction period. Where minor children are involved, the court will order child support to be paid and may set a time sharing schedule if the Respondent is the other parent and if it is safe.