In Florida, what is an injunction or “restraining order”?
An injunction, sometimes also colloquially called a “restraining order” is a legal order issued by a state civil court that requires one person to stop harming another. There are several types of injunction available to petitioners in Florida.
What are the different types of injunctions or “restraining orders”?
1. Injunctions for Protection Against Domestic Violence – A civil order that provides protection from an abuser or household member
2. Injunctions Against Repeat, Dating & Sexual Violence - see below.
a) Repeat Violence – You may file an injunction against repeat violence against anyone who has committed at least two acts of violence or stalking against you or a member of your immediate family (your child, parents, sister or brother) and one of those two acts must have occurred within the past six (6) months.
b) Dating Violence – You may file this sort of injunction if you have been abused or reasonably believe you are in immediate danger of becoming the victim of abuse by someone you had continuing and significant relationship of a romantic or intimate nature within the past six (6) months. Dating violence does not include violence in a casual acquaintanceship or violence between individuals who have only socialized in a business or social context;
c) Sexual Violence – You may file for this sort of injunction if you are victim of sexual violence as defined within the Florida Statutes. To be eligible, you must have reported the incident of violence to the police or other law enforcement agency and be cooperating with the police in any criminal proceeding against the abuser if criminal charges are brought against him/her.
Q: What do I do if I have been served with a temporary injunction or “restraining order”?
If you have been served with a temporary injunction for protection against domestic violence or served with a different sort of injunction, time is of the essence. Call our offices immediately! DO NOT CONTACT THE PETITIONER UNDER ANY CIRCUMSTANCES!
Q: I have been arrested for allegedly violating the terms of an injunction or “restraining order”, now what?
If you have been arrested for domestic violence charges or arrested for violating the terms of an injunction for protection against domestic violence or some other sort of injunction against violence, you or a family member or loved one should contact the Law Offices of Joseph Bosco immediately. Our South Florida domestic violence lawyers have years of experience dealing with these sorts of charges and can help you navigate this tremendously complex and emotional situation.
Q: What is an injunction for protection against domestic violence?
An injunction for protection against domestic violence (sometimes called a “restraining order” in common parlance) is a court document that orders the respondent to refrain from doing certain things (such as abusing an individual, contacting an individual or coming near an individual) and orders the respondent to do certain other specific things (such as leaving the home and/or paying temporary child support). It can also give a petitioner certain types of rights (such as temporary custody of the children).
Q: If I have an injunction for protection against domestic violence / restraining order, and the abuser violates it, what happens?
If you have an injunction/restraining order and you have evidence that an individual has violated its terms, the police may arrest him or her for that violation.*
You should immediately call the police. Tell them that you have an injunction for protection against domestic violence or a different sort of injunction against violence. Make sure you have a copy of the injunction to show the police when they arrive. When the police arrive, tell them what happened and that you want the abuser arrested. Under certain circumstances, violation of an injunction for protection against domestic violence may also be a misdemeanor of the first degree.
If you are not eligible for protection against domestic violence, the Law Offices of Joseph A. Bosco, PA may still be able to help. There are other different injunctions that can protect an individual from violence. We may also be of assistance if you have been served with an injunction anywhere in South Florida’s tri-county area.
*Fla. Stat. section 741.30
Q: If I am not eligible to get an injunction for protection against domestic violence, is there some other injunction I can get to protect from violence?
Yes. If you are not eligible for an injunction for protection against domestic violence, you may still qualify for one of the following different types of injunctions:
Injunction Against Repeat Violence – An individual may file for this type of injunction against anyone who has committed at least two acts of violence or stalking against you or a member of your immediate family (your child, your parents, or a sister or brother) and one of those two acts must have occurred within the last six (6) months.
2. Injunction against Dating Violence – (see above for more details.)
3. Injunction Against Sexual Violence – (see above for more details.)
4. Injunction Against Stalking/Cyberstalking – If a judge believes an individual has been stalked or that there is an immediate and present danger of stalking, the judge may grant you an immediate ex-parte order* In the ex-parte order, the judge can include whatever terms he believes are legal and proper. An ex-parte order is good for up to 15 days until there can be a full hearing where the respondent has the opportunity to be present in court and fight against a final order being issuehttps://www.flsenate.gov/laws/statutes/2011/741.30d.
*Fla. Stat. section784.0485(5)(a), (b)
Q: How long does an injunction last?
A final injunction can last forever, or until either party comes back to court to ask that it be changed (modified) or cancelled (dissolved). Either party can ask the Court for this at any time.
Simply call the Law Offices of Joseph A. Bosco today to find out what your options are under the circumstances. Our injunction lawyers are ready to speak to you. You can reach us in Miami-Dade County at 305.224.8089 or in Broward County at 954-888-8998 ex. 2. You can reach our lawyers in Palm Beach County at 561-515-7273 or just call us toll-free from anywhere at 844.380.HURT.