Domestic Violence Victims Injunction Options
Domestic violence is a despicable crime but occurs far too frequently. According to the National Coalition Against Domestic Violence, “on average, 20 people per minute are victims of rape, physical violence, or stalking by an intimate partner in the United States — more than 12 million women and men over a year.”
If you are a victim of domestic violence, know that you are not alone and there is help available. Contact Glenn R. Roderman, P.A. to discuss your legal options and if a dating violence injunction is right for you.
What is an Injunction?
An injunction is a court order that prohibits someone from doing something. In domestic violence, an injunction is a “restraining order” – a legal order issued by a judge that requires one person to stop harming another.
Can it Help Protecting Me?
If you are a victim of domestic violence, an injunction can provide much-needed protection from your abuser. It can order the abuser to stay away from you, your home, your workplace, and your children’s school. It can also order the abuser to surrender any firearms and to have no contact with you.
Types of Injunctions
There are different types of injunctions depending on the relationship between the victim and the abuser.
A dating violence injunction Florida protects victims of dating violence from their abusers.
In Florida, dating violence is “between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature.” To get a dating injunction, you must be able to show that your abuser has committed dating violence against you.
A sexual injunction provides legal protection for victims of sexual violence. Sexual violence is any form of unwanted sexual contact, including rape, fondling, and sexual assault.
A repeat injunction is an order issued after someone who had a conviction of a crime against you. It is important to note that a repeat injunction is only issued if there is evidence that the abuser is likely to commit another crime against you.
In a Florida domestic violence injunction, the abuser must be a family or household member. Family or household members include spouses, ex-spouses, parents, children, relatives, and people currently or previously living together.
Injunction Process in Florida
If you are a victim of domestic violence, you can go to your local courthouse and file a petition for an injunction. The clerk will then give you a hearing date. At the hearing, you must present evidence to the judge that the abuser has committed domestic violence against you.
If the judge finds enough evidence to issue an injunction, they will issue a temporary injunction. The temporary injunction will be in effect until the abuser can respond to the allegations against them.
The judge can make the injunction permanent if the abuser does not respond to the allegations. If the abuser does react to the claims, both parties will have a chance to present evidence at a final hearing.
At the final hearing, the judge will decide whether to make the injunction permanent or to dismiss it.
When filing for an injunction, you should work with an experienced domestic violence lawyer. A lawyer can help you navigate the injunction process and protect your rights.
What Evidence Should I Provide for an Injunction?
If you file for an injunction, you must provide evidence that the abuser has committed domestic violence against you. Some of the types of evidence include:
- police reports
- restraining orders from other states
- medical records
- witness statements
- emails and text messages
You must provide as much evidence as possible to show that the abuser has committed domestic violence against you. A reputable Fort Lauderdale domestic violence attorney can help you gather the evidence you need and present it in court.
How Does a Domestic Violence Lawyer Help?
If you are a victim of domestic violence, you should contact an experienced domestic violence lawyer Florida as soon as possible.
A lawyer can help you get the protection you need and keep you safe from your abuser. An attorney can also help you navigate the injunction process and ensure that your rights are protected.