Injunctions for Protection from Domestic Violence are for situations in which a person has been the victim domestic violence or has reasonable cause to believe that they are in danger of becoming a victim of domestic violence. There are specific crimes that can be domestic violence and only certain relationships between a Petitioner and Respondent qualify for domestic violence. If the requirements are not met an Injunction cannot be ordered. The requirements for an Injunction for Protection from Domestic Violence are:

    1. The Petitioner and Respondent must be family or household members
      • “Family or household member” is defined in section 741.28, Florida Statutes and includes spouses, former spouses, persons related by blood or marriage, persons presently or previously residing together as if family, and persons who have a child in common. It also requires that the persons are currently living together or previously lived together in the same single dwelling unit (except for parents to a child).
    2. Petitioner must be victim of at least one act of domestic violence, or have reasonable cause to believe they are in imminent danger of becoming a victim of domestic violence
      • Domestic violence includes the following crimes if committed by a household member:
        • Assault
        • Aggravated Assault
        • Battery
        • Aggravated Battery
        • Sexual Assault
        • Sexual Battery
        • Stalking
        • Aggravated Stalking
        • Kidnapping
        • False Imprisonment
        • Any criminal offense that results in physical injury or death of one family or household member by another family or household member
      • The Petition itself must be filed in one of three possible jurisdictions. Either where the Petitioner lives, where the Respondent lives, or where the act of domestic violence occurred.
      • Since Injunctions for Protection from Domestic Violence can include violence between parents of a common child it is also possible for the Petitioner to request that the court enter a temporary parenting plan or timesharing order with regards to the children and even request child support. However, it’s important to keep in mind that if either parent starts a separate child support or paternity action then any orders entered in that case related to the children will override any orders entered in the Petition for Injunction for Protection from Domestic Violence.

If you are in need of an Injunction for Protection, contact us to set up a consultation with one of our attorneys, (727)954-3720.

 

The information provided by the Warren Law Firm is meant only for educational purposes and should not be relied upon as legal advice. It provides general information and a general understanding of the law but does not constitute legal advice. By using this content, there is NO RELATIONSHIP between you and the Warren Law Firm or thewarrenlawfirm.com. The website and content provided should not be used as a substitute for competent legal advice from an attorney licensed in your state.

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