How to Get an Injunction for Protection Against Domestic Violence in Florida
Plain-language guidance on domestic violence injunctions in Florida.
Understanding Domestic Violence Injunctions in Florida
What Is a Domestic Violence Injunction?
A domestic violence injunction in Florida is a legal order designed to protect someone from harm or threats by another person they have a close relationship with. It sets rules that the person must follow to prevent further abuse or contact. This helps create a clearer boundary for safety and peace of mind while the situation is addressed.
Who Can Request an Injunction?
Generally, a person can ask for this type of protection if they have a certain relationship with the other person. This includes spouses or former spouses, people who live or used to live together, individuals who share a child, or close family or household members. The person seeking protection must feel threatened or harmed by the other individual.
Starting the Process: Forms and Filing
To begin, forms for requesting an injunction are usually available at the local courthouse or online through official Florida court websites. These forms help explain what is happening and what kind of protection is being asked for. After filling out the petition, it should be filed with the court clerk.
When the petition is filed, you can also ask the court for a temporary injunction. This is a short-term order that offers protection right away, while the court considers the case further.
Serving the Respondent and Hearings
Once a petition is filed, the person the injunction is against (called the respondent) must be officially notified. This is called service and is typically done by a law enforcement officer or a professional process server. Service tells the respondent about the case and the hearing where both sides will speak.
The court schedules a full hearing where both the petitioner and respondent can present information. After hearing both sides, the judge decides whether to extend the injunction and what specific protections to include.
Types of Relief That May Be Included
- Limits on contact, such as no calling, texting, or visiting
- Orders to leave or stay away from shared housing
- Temporary arrangements regarding children, like custody or visitation changes
- Support orders for financial assistance or other needs
Duration of Injunctions
Injunctions can last for varying periods depending on the case and court decisions. Some may be short-term with options to renew, while others can last longer to provide ongoing protection. It’s important to understand the specific expiration and renewal processes that apply.
Procedures and forms can vary somewhat by county, and laws may change. It is advisable to check with local Florida resources or seek legal assistance for the most current information.
Additional support options can be found through resources listed at DV.Support.