Domestic Violence Injunctions

Maitland Domestic Violence Lawyer Protecting Your Rights

In the state of Florida, a domestic violence injunction can protect the victims of domestic violence. Domestic violence is any assault or battery which causes physical harm or death to one family or household member by another. This includes spouses, former spouses, any persons related by blood or marriage, any persons living together or who have lived together as a family in the past, and any persons who have a child in common whether or not they've been married or have resided together. Domestic violence can also occur in other intimate relationships.

Do you need help with obtaining a domestic violence injunction? If you are in Orange or Seminole Counties, contact a Maitland domestic violence attorney at The Troum Law Firm, P.A.

Purpose of a Domestic Violence Injunction

If you or someone you love has been a victim of domestic violence, you can file a domestic violence injunction petition for protection.

This is a court order issued to the abuser to:

  • Stop the violence or harassment
  • Leave the shared residence
  • Avoid contact with the victim at home, work, or school
  • Attend appropriate counseling

The order may also temporarily settle child custody and visitation rights, occupancy of the home, and child or spousal support issues.

The primary purpose of an Orlando domestic violence injunction is to provide the victim emergency protection from further abuse. Upon completion of the petition, a judge will review the situation and decide whether the allegations meet the requirements of Florida statutes. If the judge determines such a danger exists, the court enters a temporary domestic violence injunction. The temporary injunction orders the alleged abuser to have no contact with the victim until a preset court hearing is held. The judge then considers whether to dismiss the injunction or grant a permanent injunction, which remains effective until its expiration date or it is changed/terminated by a judge.

Types of Domestic Violence Injunctions

There are four types of protection injunctions, which handle different circumstances of violence:

  • Petition for Injunction for Protection Against Domestic Violence – This order protects you against family or household members even if they no longer live with you. This petition may be filed after just one incident of domestic violence.
  • Petition for Injunction Against Repeat Violence – This petition is filed if you've suffered more than one act of violence. You do not have to be related to the other person or have a history of a personal relationship with the other person.
  • Petition for Injunction Against Dating Violence – This petition is filed if your abuser is someone you've had a romantic or intimate relationship with in the past six months.
  • Petition for Injunction Against Sexual Violence – This petition may be filed if you are a victim of sexual violence according to Florida law.

For a petition to be approved by the court, certain requirements must be met in accordance with Florida statutes.

The Benefits of a Family Law Attorney

While it is not required by law to hire a lawyer, it is highly recommended. A qualified attorney can clarify the requirements, help you understand the information on the forms, provide you with competent legal advice, and assist you in filling out the necessary paperwork. In many situations, temporary child support or child custody issues may be involved or the abuser has hired a lawyer. Under these circumstances, retaining an experienced attorney is imperative in order to best protect your legal rights and maximize your interests.

Call The Troum Law Firm, P.A. in Maitland, FL at (321) 428-2247 to schedule a consultation today.