Domestic Violence & Injunctions for Protections
During a divorce, the end of a relationship or other domestic situation, circumstances sometimes arise which cause an individual to fear for the safety of their children or themselves.
A domestic injunction, also commonly called an “order of protection” or a “restraining order,” is a court order typically entered due to domestic violence. An injunction can be ordered due to Repeat Violence, Dating Violence, Sexual Violence, and Stalking.
- Domestic Violence: Family or Household Member.
- Dating Violence: Significant & continuous romantic relationship MUST have existed within the past six months.
- Sexual Violence: No relationship to offender required.
- Repeat Violence: No relationship to offender required.
- Stalking: No relationship to offender required.
Basic elements necessary for a domestic violence injunction or order of protection include:
• Must be between family or household members.
• The Petitioner must have been the victim of domestic violence or has a reasonable fear that domestic violence is “imminent.”
o No physical act need have occurred (No Hit Rule)
• The sworn petition must allege the existence of domestic violence with supporting facts.
• Jurisdiction is where the Petitioner currently resides, temporarily resides; where Respondent resides, and where domestic violence occurred.
A domestic injunction, or order of protection, serves two main purposes:
1. To inform the recipient of the restraining order of the legal restrictions against them;
2. To create legal sanctions if the court ordered injunction is violated.
Violation of Injunction
Violations of the injunction are outlined in Florida law. There are civil and criminal penalties for violation of this injunction.
The Respondent will be ordered to surrender all firearms and ammunition in his/her possession under a valid Temporary or Final Judgment of Injunction for Protection Against Domestic Violence.
For affordable legal representation and services, contact an attorney who will truly be in your corner, from start to finish and beyond. Attorney Guichard St. Surin is available to you at his Fort Myers, FL, law office; call him now, at (239) 288-7664, to set up your initial consultation.