Because an injunction is issued by a court, it is enforceable by law enforcement agencies like police departments and sheriff offices. The purpose of any domestic violence injunction is to enable the victim to obtain protection from his or her abuser and to prevent the abuser from engaging in further acts of physical violence, threatening the victim with further abuse, or placing the victim in continuing fear from stalking behavior. In Florida, there are four types of injunctions available.
The precise type of abuse that is occurring and the relationship between the victim and the abuser will usually dictate what injunction is proper for any given situation. The types of injunctions available include:.
The remainder of this discussion will focus on domestic violence injunctions, although the discussion has some bearing on other forms of injunctions as well. Temporary use of the home : If the abuser lives in the same home as the petitioner does, the court may award the petitioner temporary use and possession of the home. This would require the abuser to leave the residence and find another place to live until the court orders otherwise. If the abuser has personal effects inside the residence, the court may permit him or her to arrange a time with law enforcement that he or she can remove personal items from the home while a law enforcement officer is present.
Florida law is designed to enable victims of domestic violence to obtain a temporary domestic violence injunction rather easily. Courts are encouraged by the law to construe a petition for a domestic violence injunction liberally and with the purpose of protecting victims. This means that a court is likely to grant a petition for a domestic violence injunction so long as the basic requirements are met , at least on a temporary basis, in order to prevent further abuse from happening.
If you apply for a domestic violence injunction, you can expect your request to proceed through the following phases:. A domestic violence injunction is available to victims who are abused or threatened with abuse by certain related individuals. A temporary injunction only lasts for a short time; a hearing must be held usually within 2 weeks to determine if the injunction continues to be necessary.
A petitioner is free to dismiss a domestic violence injunction at any time, although a court may make the ultimate decision as to whether the injunction will, in fact, be dismissed. Alberto is an outstanding lawyer. He went the extra mile with me, as I had to go through eight! Mark - Avvo. Need assistance with this form? Having worked as an investigator and later in my career as a counselor for divorces gave me plenty of exposure to Lawyers. Call the VAB office for dates. Filing fees must be paid at the time of filing by check or cash. Form not accepted by fax or e-mail.
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