The Legal Grounds for Obtaining a Domestic Violence Injunction in Florida
Domestic violence injunctions, often called restraining orders in other states, can have a significant impact on the life of both the petitioner and the respondent. An injunction is a civil court order requiring an individual to stay away from the person seeking protection. It can prevent contact in any form, including phone calls, text messages, emails, and in-person interactions. It may also restrict the respondent from visiting places such as the petitioner’s home, workplace, or other specified locations. As a victim, obtaining an injunction can protect you from further harm. However, not every petition for an injunction is granted, and you must demonstrate clear legal grounds before the courts can issue one. Let’s explore what Florida law says about the legal grounds for obtaining domestic violence injunctions.
Understanding the Legal Grounds for a Domestic Violence Injunction
Under Florida Statutes § 741.30(1)(a), any person who is a victim of domestic or repeat violence, or has reasonable cause to believe they are in imminent danger of becoming a victim, can seek an injunction for protection. In Florida, domestic violence includes the following:
- Assault and battery
- Sexual assault and battery
- Kidnapping and false imprisonment
- Stalking and Cyberstalking
To be granted an injunction, you must provide evidence that your fear of harm is objectively reasonable and that the potential harm is imminent. The judge will evaluate your claims, the history of your relationship with the person from whom you are seeking protection, past incidents of violence, and the other specific facts of your case.
As an example, let’s look at a recent case in Florida. A woman filed a petition against her husband, claiming he had verbally abused her, sent her multiple text messages, and displayed aggressive behavior, including punching a hole in a door and kicking down a door during an argument. However, she admitted that he had never physically harmed her or directly threatened her. Despite this, the trial court granted her request for an injunction. The husband moved to appeal this decision. The appellate court overturned the injunction, stating that the wife’s fear was not based on a reasonable and immediate threat of harm. Florida law requires that for an injunction to be issued, there must be a well-founded fear of imminent danger, not just general concerns or past aggressive behaviors that do not rise to the level of domestic violence.
Types of Injunctions in Florida
Several types of injections can be issued based on the circumstances of a case. These include the following:
- Domestic Violence Injunctions: These are issued when violence or threats occur between family or household members.
- Repeat Violence Injunctions: These are granted when two or more incidents of violence or stalking have been committed by the respondent, regardless of the relationship, and must have occurred in the last six months.
- Dating Violence Injunctions: These are for individuals who have been in a romantic relationship with the respondent in the last six months and have experienced violence.
- Sexual Violence Injunctions: Available to victims of sexual assault, regardless of their relationship to the perpetrator.
- Stalking Injunctions: This is issued when a person repeatedly and maliciously follows, harasses, or cyberstalks another person.
Contact Our Fort Lauderdale Domestic Violence Injunction Lawyers Today
Whether you are seeking protection from domestic violence and are unsure if you have legal grounds for an injunction, or you are defending against unjust accusations in a pending injunction hearing, contact our experienced Fort Lauderdale domestic violence injunction lawyers at Haber Blank, LLP today at 954-767-0300 to schedule a consultation.
Source:
casetext.com/case/werner-v-werner-57
