Questions About Florida Domestic Violence Injunctions
Domestic violence, also known as intimate partner violence (IPV), is a serious, long-term, systemic problem in the United States. In order to protect those who have been – or have a reasonable fear that they will be – victims of IPV, Florida and other U.S. states offer a victim the chance to obtain an injunction, also known as a restraining order. However, this process is not always easy to understand, whether you are the petitioner or the intended object of the injunction.
Temporary vs Permanent Injunctions
There are many different types of injunctions in Florida law, intended to protect against several different kinds of behavior. The most common are those that protect against domestic violence, dating violence (domestic violence without any long-term legal relationship), sexual violence, and stalking, but others exist. For a domestic violence injunction, a person must demonstrate a past history of domestic violence or a reasonable fear that they are in “imminent danger” of becoming a victim.
A common misconception about this type of injunction is that it can be awarded to the petitioner without any input from the alleged abuser. In reality, this is only true for what is known as ex parte orders – emergency orders intended to go into effect immediately and expire after only a brief period of time – anywhere from 48 hours to weeks. Before a long-term order can be entered in the case, both sides of the story must be heard.
The Stakes Are High
If you have been served with a temporary domestic violence injunction in Florida, it is important to understand what this means. There will be a hearing, usually within a few weeks of granting an ex parte order, at which a judge will determine whether or not the injunction should be permanent. It is crucial to prepare for this hearing; any evidence or testimony you can present to sway the court is crucial.
If the judge decides to grant the permanent injunction, it can lead to significant upheaval in your life. Depending on the facts of your situation, you may be required to:
- Vacate the home you are sharing with the petitioner;
- Attend a batterers’ intervention program or classes at a domestic violence center;
- Temporarily lose visitation rights with your children, until a long-term parenting plan can be worked out;
- Pay temporary child support during the suspension of your rights; and
- Any other step that the court believes is necessary to protect the petitioner.
In addition, Florida law requires that a person with a domestic violence injunction against them surrender any firearms or ammunition. A person’s right to bear arms in Florida does not trump the victim’s right to feel safe in their own home.
Call A West Palm Beach Domestic Violence Attorney
Domestic violence injunctions are designed to ensure that a victim of IPV can be safe in their own home – but at the same time, the object of an injunction must be granted the right to respond to allegations. A West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. can ensure your story is told. Call our office today to schedule a consultation.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.30.html
