A Communicative Legal Guide to Help You Petition for Legal Protection
Every Florida citizen has the right to petition for legal protection in the face of domestic violence. In such a situation, though, you may naturally be overwhelmed by the physical, mental, and emotional turmoil of recent events. This is where Attorney Carmelina Marin comes in. She will help you build a strong case for protection against domestic violence with the court. Whether you seek protection in the form of stay-away provisions, no-contact orders, or modified custody and living arrangements, Attorney Marin can advocate for your needs and goals.
Let The Marin Law Firm take care of your present and future. Call (407) 449-7804 or contact us online to get started on your petition for protection against domestic violence.
Injunction for Protection Against Domestic Violence
If you have experienced abuse or violence from a domestic partner, you can file a petition for an injunction for protection against domestic violence that can protect you against dangerous family or household members. To be eligible for a domestic violence injunction, the abuser must be related to you in one of the following ways:
- current or former spouse;
- related by blood or marriage;
- lives or has previously lived with you; or
- you have a child in common together.
A parent or legal guardian may also file a petition on behalf of a minor.
An injunction (also called a restraining order) is a court document that orders the subject (abuser) to stop doing certain things, such as contacting you or coming near you. It may also require the abuser to move out of the shared home or pay temporary child support. The exact terms of the order will depend on your situation and the type of injunction you’ve obtained.
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Two Types of Injunctions
Florida courts offer two types of injunctions – temporary (ex parte) injunctions and final injunctions. A temporary injunction is a court order designed to provide the petitioner with immediate protection. As soon as you file your petition for protection against domestic violence, the judge will decide if there is an immediate and present danger of domestic violence. If so, they will grant the temporary injunction. In a temporary injunction process, the abuser does not need to be present; the judge will make the decision based solely on the information in your petition. The abuser will need to be notified, however, and the temporary injunction will take effect as soon as the abuser is served with a copy and last for 15 days.
During the period of the temporary injunction, you should proceed to a full hearing for a final injunction. Note that if you’ve been denied a temporary injunction, it does not necessarily mean you will be denied a final injunction. If the judge believes that there is no immediate and present danger of domestic violence, they should still set a hearing date for a final injunction. At the hearing, the judge will decide whether to give you a final injunction. Final injunctions usually provide more protections than temporary injunctions, and they may or may not have an expiration date.
The protections offered by a temporary injunction for protection against domestic violence can include:
- ordering the abuser to stop abusing you;
- excluding the abuser from your home or giving you temporary, exclusive use of the home that you share;
- giving you a temporary parenting plan that may give you 100% of the time-sharing;
- giving you temporary, exclusive possession of an animal that belongs to you, the abuser, or a child living with either of you.
A final injunction for protection against domestic violence may include the above provisions as well as:
- ordering the abuser to stay away from your home, your work, and any place you and your children frequent;
- ordering the abuser to not contact you, directly or through a third party;
- giving you temporary child support or spousal support;
- ordering the abuser to go to treatment, counseling, or a batterers’ intervention program, which the abuser has to pay for;
- referring you to a certified domestic violence center if you choose; and
- ordering anything else the judge believes is necessary for your or your children’s protection.
If you have experienced domestic violence, you have the right to obtain legal protection through an injunction or restraining order. The filing process may be confusing and stressful, especially as you grapple with your immediate physical and mental situation. An experienced attorney can help you navigate the process and build a strong case in your petition for immediate and long-term legal protection.
Schedule an initial consultation with The Marin Law Firm online or at (407) 449-7804 to discuss your case and assert your right to legal protection.
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