Injunctions
There are several different types of Injunctions for Protection in Florida. Injunctions are often commonly referred to as “restraining orders.” Injunctions can be effective for securing protection from another. For those seeking an Injunction (Petitioner), the Injunction often results in faster protection than a criminal case offers. In addition, court orders stemming from a criminal case only last as long as the case itself, whereas Injunctions can last years, decades, or a lifetime.
If you are the target of an Injunction (Respondent), you should not ignore it. Not only can a judge forbid you from locations and contact with certain people, but a judge can also order you to surrender firearms, undergo treatment, and vacate a shared home. If you are a Respondent, you should not ignore it. Even if you want nothing to do with the Petitioner, the Injunction can still result consequences for you and the Injunction will be a blemish on your record for background checks.
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Domestic Violence Injunctions are codified under Florida Statute 741.30
Who it protects: Primarily adults, but children can also be included.
Who can get one: Petitioner must be family member, household member, or have a child in common with Respondent.
Temporary Injunction: Yes, if there is an appearance of immediate and present danger of domestic violence.
Temporary Injunction Power: Judge may order no contact with person seeking injunction, may award exclusive use of shared dwelling, may award temporary support, including child support, may establish temporary parenting plan, and timesharing.
What a Petitioner must prove: Petitioner must show either that he or she is a victim of domestic violence or has reasonable cause to believe he or she is in imminent danger of becoming a victim of any act of domestic violence.
What a judge can order after a final hearing: Prohibit contact and acts of violence, award exclusive use of shared dwelling, prevent possession of firearms, temporary child support and time sharing, and order batterer’s counseling.
Either party may petition court for modification or extension of Order.
How to enforce it: Violation of an Injunction is a crime under Florida Statute 741.31. Repeat violations can result in a felony conviction.
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Repeat Violence Injunctions are codified under Florida Statute 784.046
Who it protects: Adults and Children. Requires two incidents of violence or stalking by respondent on petitioner or an immediate family member; one must be within 6 months the petition.
Who can get one: Adult Victim, Parent or Legal Guardian of Minor Victim
Temporary Injunction: Yes, if Petitioner alleges at least two acts of violence or stalking, genuine fear repeat of violence, and appearance of immediate and present danger of violence.
Temporary Injunction Power: Any “proper” relief for the situation, including forbidding future acts of violence.
What a Petitioner must prove: must demonstrate at least two acts of violence or stalking respondent has committed, and must allege that he or she genuinely fears repeat violence by respondent.
What a judge can order after a final hearing: Forbid future acts of violence, surrender firearms and ammunition in his or her possession; vacate a shared dwelling; and keep a specified distance from petitioner
Either party may move to modify or extend the injunction.
How to enforce it: Enforced through civil and criminal contempt proceedings.
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Dating Violence Injunctions are codified under Florida Statute 784.046.
Who it protects: Adults and minor children. Requires a dating relationship, with an expectation of affection, within the past 6 months; does not apply to violence in a casual acquaintanceship, business, or social contexts.
Who can get one: Victim, a person with reasonable, imminent fear of becoming a victim, or parent or legal guardian of minor child living at home.
Temporary Injunction: Yes, if petitioner is in reasonable, imminent fear of becoming a dating violence victim and allegations have appearance of immediate and present danger of violence.
Temporary Injunction Power: Forbid future acts of violence and any other relief the court deems proper for the situation.
What a Petitioner must prove: Petitioner must show he or she has reasonable cause to believe he or she is in imminent danger of becoming a victim of dating violence, whether or not he or she was a victim in the past.
What a judge can order after a final hearing: Forbid future acts of violence; includes other relief the court deem, such as ordering respondent to surrender firearms and ammunition, vacate a shared dwelling, and keep a specified distance from petitioner.
Either party may move to modify or extend the injunction.
How to enforce it: Enforced through civil and criminal contempt proceedings.
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Sexual Violence Injunctions are codified under Florida Statute 784.046.
Who it protects: Adults and minor children. Includes: sexual battery, lewd or lascivious act on child under 16 yrs., luring or enticing a child, sexual performance by a child.
Who can get one: Victim or parent or legal guardian of a minor child living at home
Temporary Injunction: Yes, if there is an appearance of immediate and present danger of violence.
Temporary Injunction Power: Forbid future acts of sexual violence and any other relief the court deems proper for the situation.
What a Petitioner must prove: Petitioner must prove he or she has suffered sexual violence, and must include either an incident report or notice of inmate release. Petitioner must allege he or she genuinely fears repeat violence by respondent.
What a judge can order after a final hearing: Forbid future acts of violence; includes other relief the court deem, such as ordering respondent to surrender firearms and ammunition, vacate a shared dwelling, and keep a specified distance from petitioner.
Either party may move to modify or extend the injunction.
How to enforce it: Enforced through civil and criminal contempt proceedings.
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Stalking Injunctions are codified under Florida Statute 784.0485.
Who it protects: Adults and minor children. Requires two incidents of stalking or cyberstalking. Stalking includes cyberstalking.
Who can get one: Victim, a person with reasonable, imminent fear of becoming a victim, or parent or legal guardian of minor child living at home.
Temporary Injunction: Yes, if Petitioner shows that stalking exists.
Temporary Injunction Power: Forbid future acts of stalking and any other relief the court deems proper for the situation.
What a Petitioner must prove: Petitioner must prove that he or she is the victim of stalking.
What a judge can order after a final hearing: Forbid future acts of stalking; require respondent to participate in treatment, counseling, or intervention at his or her cost, and includes other relief the court deems necessary for the protection of the petitioner, surrender firearms and ammunition, vacate a shared dwelling; and keep a specified distance from petitioner.
Either party may move to modify or extend the injunction.
How to enforce it: Enforced through civil and criminal contempt proceedings or criminal prosecution under 784.0487. Can be felony for repeat violations.
