Domestic Violence in Florida Family Law
In Florida, Injunctions for Protection are civil court orders. They are requests for an emergency order meant for an emergency situation. The law requires the court to make a decision about your request within 48 hours, although usually a decision is reached by the next business day. An injunction for protection is known by many other names, like restraining orders or protective orders, and are designed to protect individuals from various forms of harm. There are several types of injunctions, each with specific criteria:
- Domestic Violence Injunction: This applies to individuals who are victims of domestic violence by a family or household member. This includes spouses, former spouses, parents of a child in common, and individuals who have resided together as a family.
- Repeat Violence Injunction: This type of injunction is for victims of repeat violence, meaning two incidents of violence or stalking, one of which must have occurred within six months of filing the petition.
- Dating Violence Injunction: This is for individuals who have experienced violence in a dating relationship, defined as a continuing and significant romantic or intimate relationship within the past six months.
- Sexual Violence Injunction: This applies to victims of sexual violence, including sexual battery, lewd or lascivious acts, and other related offenses.
- Stalking Injunction: This type of injunction is for victims of stalking, which involves repeated harassment or unwanted contact that causes the victim to fear for their safety.
To obtain an injunction, the petitioner must file a petition with the court, providing evidence and testimony to support their claim. The court will then review the petition and determine whether to grant the injunction. If granted, the injunction may include provisions such as:
- Restraining the respondent from further acts of violence or abuse
- Ordering the respondent to stay away from the petitioner’s home, work, or other frequented places
- Prohibiting the respondent from contacting the petitioner in any way
- Awarding temporary custody of children to the petitioner
Injunctions for Protection are crucial legal tools for safeguarding individuals from harm and ensuring their safety and well-being.
Frequently Asked Questions for Petitioners
Petitioners are the parties who are requesting the injunction.
I already have a “no contact order,” is that the same thing?
A “no contact order” in Florida typically refers to a condition of bond that is issued by a judge after someone is arrested. If you did not fill out a petition and turn it in to the clerk at the courthouse, it’s likely a bond condition, not an injunction for protection.
Recall that when someone is arrested, here in the United States we must presume that the arrested person is innocent until they are proven guilty. Until that happens, the courts usually must set what we call bond conditions, which give people who have been arrested an opportunity to leave the jail while ensuring that they will return to face their charges in court later.
When a criminal defendant is under a “no contact order,” that means that a judge has ordered that the defendant have no contact, usually with the victim. If the court finds out that the defendant has made contact, that is a violation of their bond, which means the court can (and usually will) revoke their bond, which requires the defendant to return to jail.
Can’t I just rely on the no contact order?
There are several reasons someone protected by a “no contact order” might not want to rely solely on a no contact order.
The first is lack of control. A “no contact order” is only in place until such time as the criminal case is over. If a defendant accepts a plea deal, or if the prosecutor decides there is not enough evidence and drops the case, the “no contact order” is over, and the defendant is back to being able to do whatever they were able to do before (assuming that their sentence does not include some sort of no-contact provision or incarceration). A person protected by a no-contact order does not get to decide when that order will end.
Another good reason is that injunctions for protection are extremely time sensitive. The court must believe that the petitioner is in danger now, and waiting to file a petition can put an injunction claim in jeopardy.
What kinds of things will qualify me for an injunction?
Injunctions for protection are meant to be emergency measures for emergency situations. In order for the court to grant you an injunction, the court needs to believe that there is a danger to you now. If you are the petitioner, it’s up to you to prove to the court that a real danger exists, and the court must act immediately in order to protect you.
Injunctions in Florida are generally based on the threat of assaults, battery, sexual violence, false imprisonment, or stalking. A petitioner must allege at least one of these, or any combination of these, in order to be successful.
What kind of petition should I file?
Involving an attorney early by having a professional lawyer draft the injunction maximizes your chance of success.
Petitioners often make the mistake of selecting the type of injunction they ask for based on what the facts are of their current situation; if a person has suffered from stalking, they just pick the stalking injunction. An attorney will be able to tell advise you which remedies are best suited to your case.
What is going to happen to our kids?
Injunctions can be filed for yourself, on behalf of your children, or for both you and your children, depending on the circumstances. If the respondent can be shown to be a danger to the children, then the court can order no contact with the children.
If the respondent only poses a danger to you and not the children, the Court can and usually will insist on a parenting plan that lays out an exchange schedule or visitation.
How does an injunction protect me?
An injunction is a court order. With one, you can show law enforcement a piece of paper which clearly lays out what the respondent is and isn’t allowed to do.
Failure of a respondent to obey the terms of an injunction is a crime, and makes the respondent immediately available for arrest, without the need for further judicial intervention.
How long will the injunction last?
Injunctions are meant to address emergency situations. If the petitioner and respondent have no ties, such as being married or having children in common, it is possible that a court could order an indefinite injunction; that is an injunction without a specific end date.
However, if the petitioner and respondent are connected in some way, the courts in Sarasota County generally award injunctions for 6-12 months.
It is naturally advisable for petitioners to file concurrent actions like paternity or divorce/dissolution as soon as possible, so that protective measures can be carried on to these other cases on a more permanent basis. Talk to an attorney to find out what options could be available to you.
I’m not really afraid of my partner, but I’m afraid for my children, can I petition for an injunction?
It is possible to file an injunction on behalf of your children. However, it’s important to keep in mind that the basis for these injunctions must fall into at least one of the following, assault, battery, sexual violence, false imprisonment, or stalking.
It’s important to consult with an experienced attorney to determine if the situation would qualify your child or children for an injunction.
Is there anything else I can do to protect myself and/or my children?
It is important to remember that even if you are successful in obtaining an injunction, or even a “no contact order,” these things are pieces of paper. While they do grant you a tremendous amount of power and authority, they usually don’t result in law enforcement being posted at your home 24 hours a day.
Our attorneys have experience with domestic and sexual violence situations, and can offer referrals to other community resources which can provide more complete security solutions with complete confidentiality.
Frequently Asked Questions for Respondents
Respondents are the parties who have the injunction against them.
I have a couple cases going on, which is which?
It is fairly common for respondents to have both a criminal and a civil case against them. Here in Florida, case numbers with “CF” or “MM” in them denote a criminal case, which is a case brought by the State of Florida against you, and alleges that you have broken a criminal law in Florida, which is punishable under the criminal punishment code (including possible fines, probation, and incarceration).
“DR” cases are civil cases filed in family court. A case with a “DR” in the case number means that someone has essentially sued you, usually in a divorce or paternity proceeding, or they have petitioned for an injunction against you.
Can you represent me in my “CF” or “MM” case?
Owner/founder P.J. Downyok, Esq. has extensive experience in criminal law, both as a career prosecutor and criminal defense attorney with experience in well over 100 trials. However, he has retired from his criminal law practice to focus on family law.
He is qualified and happy to give you guidance on the administration of your criminal case, but will not accept representation of clients in criminal matters.
We can recommend local criminal defense attorneys should you need a referral.
Should I fight the injunction against me?
Every situation is unique, and deciding on the best course of action should involve a professional attorney experienced in both criminal and family law.
Generally, it is not advisable to defend against an injunction while a criminal case is active against you. This is because defending yourself in the injunction case usually requires you to testify about the events alleged in the petition, which means that you will be waiving your right to remain silent. Everything you say in the court room will be recorded, which prosecutors can listen to and use against you later in the criminal case.
It’s also important to remember that no injunction in Florida is truly permanent, in the sense that you can always file a motion with the court to undo the injunction once the danger has passed.
Agreeing to an injunction now can be a wise strategy so long as a hearing on the facts is not had, because the case can be revisited once your criminal case is resolved.
It is essential to consult with a professional, qualified attorney in order to ensure that this is done properly so your right to a future hearing is preserved.
How do I avoid this injunction getting on my permanent record?
Unfortunately, once an injunction is filed, it is a permanent part of the court’s records. Even if you successfully convince the judge that you do not pose a present danger, the case itself remains part of the court’s records permanently.
However, injunctions denied prior to hearing often result in the clerk sealing the record, which means it is not generally available in the public record.
What will happen to me if the injunction is granted?
If the judge finds you are a present danger, typically they will order that you stay at least 500 feet away from the petitioner, 500 feet away from where they live, and at least 100 feet away from their vehicle. If you happen to run in to them at a store, you are essentially required not to interact with them in any way (not even waiving or saying simply “hello”), and to leave.
Some employers can suspend or terminate you, particularly if the injunction interferes with an essential duty that is part of your employment.
Will I be allowed back into my home?
Generally, the most common resolution to an injunction includes respondents not being able to go back to the home that they share with the petitioner, except for a limited visit to retrieve personal items, normally under police supervision.
While it is admittedly rare, we have seen cases where the respondent was able to stay in the home, and the petitioner was forced to find a new residence. The Court decides this point on the basis of who is in a better position to find alternative housing in the near term.
For example, if the petitioner already owns a second house, or has family locally they can stay with, while the respondent has no family or friends in state, it is possible the Court could decide that the petitioner should leave the shared home.
It’s important to remember that injunctions are not meant to be punitive. That means that even though the petitioner might be accusing you of having done things that are illegal, the court’s goal in an injunction case is not to punish you; it’s only to ensure that the petitioner is not in danger.
Will I be able to see my kids if the injunction is granted?
If the injunction alleges and it is later proven to the court’s satisfaction that the respondent poses a danger specifically to the children, the court will usually maintain that the respondent have no contact with them.
However, if the petition fails to allege any threat of harm to the children, or such allegations are not proven at final hearing, the court will usually order that the respondent is allowed to have visitation or overnights with the children, and may order extremely limited contact between the petitioner and respondent solely for the purposes of matters relating to the children.
What is the strategy for fighting an injunction?
Every case is different, which is one of the many reasons that it’s important for you to consult with an attorney.
A professional, experienced, qualified attorney can analyze the facts of the situation, and can assist by providing an evaluation of what the best defense strategy is, subpoenaing witnesses, deposing the petitioner’s witnesses or even the petitioner themselves, prepare exhibits like text messages, pictures, and video for hearing, and negotiating with the petitioner and their attorney for a resolution that might satisfy the needs of both sides.
