October Spotlight: Domestic Violence Injunctions in Florida

October is dedicated to Domestic Violence Awareness Month, a time to raise awareness, provide education, and empower individuals to understand their legal rights and protections. In Florida, one of the most important legal tools for those facing abuse is the domestic violence injunction, often referred to as a restraining order.

What is Domestic Violence?

Under Florida Statute §741.28, domestic violence is defined as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any other criminal offense that results in physical injury or death of one family or household member by another. In addition to physical harm, domestic violence can also include threats, emotional abuse, or patterns of controlling behavior that create fear of harm.

For those experiencing domestic violence, Florida law provides a powerful tool of protection through a domestic violence injunction, commonly referred to as a restraining order.

What is a Domestic Violence Injunction?

A domestic violence injunction is a court order issued to protect someone who has been harmed, or who fears imminent harm, from a family or household member. This includes spouses, former spouses, individuals related by blood or marriage, or people who have lived together as a family.

The injunction can:

• Prohibit the abuser from contacting you directly or indirectly.

• Remove the abuser from a shared residence.

• Provide temporary custody or time-sharing protections for children.

• Restrict access to firearms.

  
  

How Does the Process Work in Florida?

1. Filing the Petition

• The process begins when the victim (called the “Petitioner”) goes to the local Clerk of Court’s office in their county.

• The Clerk will provide forms that require the Petitioner to explain, in detail, what abuse has occurred or why they are in fear of imminent harm.

2. Judge’s Review for Temporary Protection

• Once the forms are filed, a Judge reviews the petition the same day.

• The Judge may grant a temporary injunction (usually lasting up to 15 days) if they believe immediate protection is necessary.

• If granted, the Respondent (the alleged abuser) is served with the temporary injunction and ordered to attend a hearing.

3. Full Hearing

• A hearing is scheduled, usually within those 15 days, where both sides can appear, present evidence, and call witnesses.

• After hearing the evidence, the Judge decides whether to extend the injunction, modify it, or dismiss it.

• If extended, the injunction can last for a specified period or remain in effect permanently, depending on the circumstances.

Why This Matters

Domestic violence affects over a hundred thousand Florida families every year. Our recent social media post provides recent statistics. The injunction process is designed to provide protection for victims while allowing both parties to be heard in court. If you or someone you know feels unsafe, it is important to act quickly.

If you believe your life is in immediate danger, call 911 right away. Law enforcement can respond to protect you in an emergency.

If you are not in immediate danger but need guidance, support, or safe shelter, you can call the Florida Domestic Violence Hotline at 1-800-500-1119 (or the National Domestic Violence Hotline at 1-800-799-SAFE). Trained advocates are available 24/7 to connect you with resources, create a safety plan, and answer your questions.

At The Law Office of Kristen Bishop Ames, PLLC, we are committed to helping families move forward with clarity, safety, and confidence. If you need help understanding your rights or navigating the injunction process, our office is here to guide you.

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