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WomensLaw is not just for women. We serve and support all survivors, no matter their sex or gender. An injunction for protection against domestic violence sometimes called an injunction or a restraining order is a court document that orders the abuser to stop doing certain acts such as abusing you, contacting you or coming near you and makes the abuser do other acts such as leaving your home, and paying you temporary child support.
It can also give you certain rights such as temporary custody of your children. For a complete list of what protections an injunction can offer, go to How can an injunction for protection against domestic violence help me? This section defines domestic violence for the purposes of getting an injunction for protection against domestic violence.
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Domestic violence means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member. Even if you have not been physically battered, you can still qualify for an injunction if the judge believes you are in immediate danger of becoming a victim of domestic violence.
When deciding this, the judge will look at the following factors:. In Florida, when you file a petition for protection against domestic violence, the court automatically will consider giving you two types of injunctions: Sex Dating in Yankeetown FL. Adult parties. temporary injunction and a final injunction for protection against domestic violence.
Temporary ex parte Injunctions The temporary or ex parte injunction is a court order deed to provide you and your family members with immediate protection from the abuser. As soon as you file your petition for protection against domestic violence, the clerk will give your petition to the judge. If the judge decides that there is an immediate and present danger of domestic violence, the judge will grant the temporary injunction.
The judge will make the decision based only on the information in your petition 2 so it is important to take the time to carefully fill out the petition. For more information on how to fill out the petition, please see Steps for obtaining an injunction for protection against domestic violence. The temporary injunction takes effect as soon as the abuser is served with formally given a copy of the order. This is called giving the abuser notice or having the abuser served with process. Before the fixed time period ends, there will be a full hearing to decide whether to give you a final injunction.
The date for the full hearing will be set at the same time the judge makes the decision about the temporary injunction. The temporary injunction will last until the full hearing takes place. If the judge believes that there is no immediate and present danger of domestic violence, the judge is still supposed to set a hearing date for a final injunction where you will have a chance to better present your case.
Final Injunctions At the full hearing, the judge will decide whether to give you a final injunction. The final injunction may provide you with more protections than the temporary injunction did. The final injunction may have a set period of time that it will be in effect for example, one year or it may not have an expiration date. If there is no expiration date, either you or the abuser can file in court to modify change or dissolve end the injunction at any time and the judge will decide whether or not to grant the relief requested.
Note : If you are not eligible for an injunction for protection against domestic violence, you may be eligible for a different type of injunction against violence. Please see: If I am not eligible to get an injunction for protection against domestic violence, is there some other Injunction that I can get for protection against violence? In a temporary, ex parte injunction for protection against domestic violencethe judge can:. A judge will decide which of the above will be included in the order. You can file for an injunction for protection against domestic violence in the circuit where you live permanently or temporarily, where the abuser lives, or where the abuse occurred.
However, if you have left the home and want to keep the address where you are staying confidential, filing in that county would likely not be a good idea since it would alert the abuser to the fact that you are living in that county.
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Injunctions for Protection Against Domestic Violence Basic info What is an injunction for protection against domestic violence? What is the legal definition of domestic violence in Florida? How long do they last? What protections can I get in an injunction for protection against domestic violence?
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Where can I file for an injunction for protection against domestic violence? Who can get an injunction for protection against domestic violence Am I eligible to obtain an injunction for protection against domestic violence? Can I get an injunction for protection against domestic violence against my same-sex partner? Can a minor file for an injunction for protection against domestic violence? Is there a minimum amount of time that I must live in Florida before I can file for an injunction?
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How much does it cost? Do I need a lawyer? If I am not eligible to get an injunction for protection against domestic violence, is there some other injunction that I can get for protection against violence? Steps for getting an injunction for protection against domestic violence Step 1: Go to the courthouse and get the necessary forms. Step 2: Fill out the forms. Step 3: A judge will review your petition. What should I do when I leave the courthouse?
What can I do if the judge doesn't give me an injunction? What can I do if the abuser violates the injunction? Is my injunction still valid if I move? What if the abuser is in the military? How do I change the injunction?
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My order is going to expire soon. Can I extend it?
What can I do to be safe besides getting an injunction? Who qualifies for one?
What is an injunction against dating violence? What is an injunction against sexual violence? What types of orders are there? Getting the injunction What protections can I get in an injunction against dating, repeat, or sexual violence?
What are the steps for getting an injunction against repeat violence, dating violence, and sexual violence? What are the penalties for violating an injunction against repeat violence, sexual violence, or dating violence? What types of injunctions for protection against stalking are there? What protections can I get in an injunction for protection against stalking? Where can I file for an injunction for protection against stalking?
The injunction process Who can apply for an injunction for protection against stalking? Can I bring an advocate with me to court for support? Steps for getting an injunction for protection against stalking Step 1: Go to the courthouse and get the necessary forms.
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Step 3: A judge will review your petition and may give you an ex parte temporary order. What can I do if the stalker violates the order? Risk Protection Orders to remove firearms Basic info What is a risk protection order? Who can file for a risk protection order? Getting the order How do I get a risk protection order? How will a judge make a decision about whether or not to grant the order? What happens if the respondent violates the order? What protections can I get in a risk protection order?
How do I know if my injunction protection order is good under federal law? I have a temporary ex parte order. Can it be enforced in another state? Getting your injunction for protection enforced in another state How do I get my Florida injunction for protection enforced in another state? Do I need a special copy of my protection order to get it enforced? Can I get someone to help me? Do I need to tell the court in Florida if I move? Enforcing custody parenting plan provisions in another state I was granted temporary custody sole responsibility with my protection order.
Can I take my kids out of the state? I was granted temporary custody sole responsibility with my protection order.