If you or your child is a victim of domestic violence in Florida, you may obtain a restraining order to protect yourself from any further violence. Also known as an injunction for protection, a court-ordered restraining order prevents an abuser from contacting you and anyone close to you and visiting locations you and those parties frequent, as well as ordering the abuser to surrender any firearms and dangerous weapons.
There are two types of domestic violence restraining orders in Florida: temporary (ex parte) injunctions and final injunctions. The following is an overview of each type of protection order.
Temporary Injunctions
Also known as an “ex parte” injunction, this court order provides you and your loved ones with immediate protection from the abuser. You must first file a petition for protection against domestic violence with the court clerk.
The judge will only review the information on the petition—which is why you must carefully complete the paperwork—and decide whether to approve or deny your request if he/she believes there is an immediate and present danger of domestic violence. You do not have to testify in court and the abuser is not required to be present.
As soon as the abuser is served a copy of the order, the temporary injunction becomes effective. This order is generally valid for up to 15 days. Before the protections end, a full hearing will be held for a final injunction.
Remember, if the judge denies you a temporary restraining order, a final hearing will still be scheduled to give you an opportunity to better present your case. But ensure you request a final hearing as soon as your petition is denied.
Final Injunctions
Both parties will present each of their cases at a final hearing. If a judge grants you a final injunction, you will be given more protection compared to a temporary restraining order.
The final injunction may or may not have a set expiration date. If it is the latter, either you or the abuser can request a modification or termination of the injunction at any time and then a judge will decide whether to approve the request.
What If I Do Not Qualify for a Domestic Violence Restraining Order?
If you do not qualify for a domestic violence injunction in Florida, the following are several types of injunctions that may be available to you instead:
Injunction against dating violence – If a current or former romantic partner within the past six months is abusing you or you are in immediate danger of being abused, you may file for this type of restraining order. However, injunctions against dating violence does not include a casual acquaintanceship or persons involved in a social or business setting.
Injunction against repeat violence – If a person has committed at least two acts of violence or stalking against you or a family member and one of those acts has happened within the last six months, you may file for this type of restraining order.
Injunction against sexual violence – If you or a minor is a victim of sexual violence, you may file for this type of restraining order. But to qualify, you must have reported the incident to law enforcement officials and cooperate with any criminal proceedings against the abuser.
If you are interested in obtaining a domestic violence injunction in South Miami, contact Beatriz Zyne, P.A. today at (305) 876-6138 for a confidential consultation. Se habla español!
