Domestic Violence Injunction Law in Florida

Domestic violence is a serious issue, and it requires legal action to protect innocent victims from abuses at the hands of aggressors. It can be frightening for those who have been victims of this kind of violence to take legal action against the person who has hurt them in the past, but this kind of legal precedent is essential when it comes to controlling this kind of behavior.

If you have been the victim of domestic violence, an injunction is the first and most critical step in the process of fighting back against your attacker. The team at Lopez Law has years of experience in these cases and can help you seek a domestic violence injunction to protect you and your family.

What is an Injunction?

An injunction is a legal order that forbids someone from taking specific actions against another person. These kinds of legal orders often also limit the actions that the person can take related to owning firearms and weapons and visiting certain places or engaging in certain activities. It is still possible that the person who has harmed you or threatened to harm you can disobey the legal order forbidding them to have contact with you. However, the injunction makes their actions illegal and actionable in a court of law.

When you file an injunction against someone, you might also be able to limit their access to shared children and other family members as well. These protections are extended after examination by a judge who hears the case and determines the best course of action with regard to each unique domestic violence case.

What is Domestic Violence in the State of Florida?

Florida state law defines domestic violence very specifically. There are various kinds of actions that are considered to be part of domestic violence acts:

•         Kidnapping
•         False imprisonment
•         Aggravated battery
•         Sexual assault
•         Sexual battery
•         Stalking
•         Aggravated stalking
•         Battery
•         Aggravated assault
•         Assault

All of these actions could result in the death or physical injury of a person in your home or yourself. Domestic violence can happen to all kinds of people, although women are much more likely to be impacted than men. Violence toward spouses and those who are in relationships of various kinds can impact the health and well-being of children in the home, as well as other family members who might reside at the same address.

There are various kinds of domestic violence that can take place, but all of these acts can lead to action being taken to prevent an aggressor from harming you or your family. Even if you are dating someone or have just been involved in a long-term relationship without marriage, your case can be considered domestic violence.

What is Dating Violence?

This kind of domestic violence happens to dating partners. These interactions often display a pattern that is easy to recognize if you know what to look for. The actions involved can even happen electronically and do not have to be taken in person to be considered cause for an injunction. Examples of dating violence are:

• Physical violence like punching walls or doors
• Threats of violence, either verbal or written
• Sexual violence, which includes threatening to break up with a partner who will not have sex with them, unwanted touching or teasing, or unwelcome sexting
• Emotional abuse, which includes statements that are intended to cause fear or to cause someone to question their self-worth
• Verbal abuse, which included name-calling, yelling, or spreading rumors about someone

Dating violence has a legal definition, which indicates that this is violence between two individuals who have had or are in a continuing and significant relationship that is romantic or intimate in nature. The relationship has to have existed within the past six months for an injunction to be possible.

Even if you have not engaged in any of the activities that are outlined for dating violence injunctions, violent actions that have been taken against you can fall under the heading of other kinds of injunctions. Your lawyer will be able to advise you about the various other kinds of injunctions that can be filed to protect you from the abuses of someone who is threatening you or has harmed you.

Did I Experience Abuse?

This is often the crux of the problem for victims of domestic or dating violence. They believe that what they experienced was not actually bad enough to be considered abuse by Florida law. The law actually considers many actions to be abuse. Many people are much more willing to go ahead and ask for an injunction when they find out what the legal definition of abuse is in the state of Florida.

If you have been prevented from seeing friends and family, have been exposed to acts that indicate extreme jealousy toward you, or have been criticized or belittled, this constitutes abuse. You might have been hit, punched, slapped, or kicked. Many people are intimidated or threatened. If there is a gun in the home, you could have been threatened with it.

Other actions that are considered to be abuse are being prevented from leaving the home, getting a job, or continuing your education. If your partner has destroyed things that you cared about, this is abuse. If you have been forced to engage in sexual activities that you did not want to participate in, you have been abused.

It is important to know that these actions are illegal under Florida state law and that you can protect yourself and others around you from these kinds of actions with an injunction. The team at Lopez Law has years of experience with these cases and can help you to seek a favorable outcome in your case. You deserve to feel safe and to be protected from your abuser, even if the person is someone who you were in a romantic relationship with.

What Will the Injunction Do for Me?

If you have filed for an injunction and the judge has granted it, this legal order will limit the contact that your aggressor can have with you. The order will often also change the access that this person has to minor children that you share or co-parent. You will also often be able to ask for this person to be forbidden from owning or using weapons.

In situations where someone is living with their abuser, the home will usually be off-limits to the aggressor. This means that you will no longer have to share a residence with this person, and you will not be forced to have to sell the property or move out in order to get away from your aggressor.

Contact is defined under the law as any kind of communication, including email, letters, cards, text messages, and other forms of contact. There are no exceptions unless the judge specifically places exemptions in the injunction. Many people who have an injunction against them are also required to complete a batterer’s intervention program before they can be allowed to seek any alterations to the injunction terms.

Sexual violence injunctions are used when the relationship does not meet the definition of “family” under Florida state law. There are various specific actions that are laid out for this kind of injunction because this is a more specific kind of abuse. These injunctions cannot be filed without law enforcement having been given a report of the inciting incident as well.

If you are not sure if your case counts as domestic violence or sexual violence, the team at the Lopez Law Group can meet with you for a consultation. We will be happy to help you seek the proper kind of injunction for your unique situation so that you can be safe and protected from the person who has harmed you or threatened to harm you.

It is important to note that you do not have to have suffered physical harm at the hands of this aggressor to file for an injunction. Threats, verbal or written, are also considered as precedent for these kinds of legal actions. Repeat violence is also considered when it comes to injunctions, and you can take action against someone who has harmed you in the past and threatened to or succeeded in doing so again.

The Team at Lopez Law Can Help

If you have been harmed by someone who has engaged in any of the acts listed above, you might be able to seek an injunction against them. The team at Lopez Law has years of experience in domestic violence injunctions, and we can help you protect yourself and your family from harm. We take this kind of case very seriously, and we make sure that you are not left trying to defend yourself by moving, hiding, or otherwise having to alter your life to escape the attention of an abuser.

If you are ready to talk about your options related to a domestic violence injunction, you can reach out to us at Lopez Law today. We will be happy to meet with you for a consultation to discuss your needs and help you take the proper legal action to remedy the situation.

Related:

What is a Restraining Order in Florida

What is an Injunction in Florida?

Sexual Violence Injunction in Florida

Dating Violence Injunction

Divorce Lawyers in Florida