If you are in immediate danger, call 911. The 24-hour Florida Domestic Violence Hotline is available at 1-800-500-1119. A protective order, which Florida calls an injunction for protection, is a court order that prohibits one person from contacting or coming near another. Florida offers several types, and the family resources page lists additional support.
Types of Injunctions for Protection
Florida law provides five injunctions, each tied to a particular relationship or conduct. The domestic violence injunction protects family or household members, including spouses, former spouses, people who live together or once did, and parents of a common child. The repeat violence injunction applies after two incidents, one within the past six months. The dating violence injunction covers people in a recent romantic relationship. The sexual violence injunction and the stalking injunction address those specific acts. Each type has its own requirements.
How to Obtain an Injunction
A person seeking protection files a petition with the circuit court clerk. There is no filing fee. If the petition shows an immediate and present danger, the judge may issue a temporary injunction the same day, without notice to the other party. That temporary order lasts up to 15 days, until the court holds a full hearing. At the hearing, both sides may present evidence, and the judge decides whether to enter a final injunction.
What an Injunction Can Do
An injunction can order the respondent to stay away from the petitioner’s home, work, and school and to have no contact. It can grant temporary use of the home, set a temporary time-sharing schedule, and order temporary support. It can also require the respondent to surrender firearms. Under section 741.30 of the Florida Statutes, a domestic violence injunction is enforceable throughout the state, and violating it is a criminal offense.
Protection and Your Family Case
A protective order often arises alongside a divorce or custody case. Domestic violence affects how a court decides child custody, because the safety of the child is part of the best-interests analysis. It also changes how a case proceeds. A court will not order mediation when a history of domestic violence would compromise the process. A St. Petersburg family lawyer or a Clearwater family lawyer can pursue or respond to an injunction within your case.
The McKinney Law Group represents petitioners and respondents in injunction matters and the family law cases connected to them. Consult a Tampa family lawyer and contact our office to schedule a consultation regarding your situation.