Domestic Violence Injunctions in Florida: What You Should Know
Learn about domestic violence injunctions in Florida, how they work, and what to do if you’re served with one. Call 813-229-5353 for legal help.
Domestic violence is a serious legal issue that involves violence or abuse between family or household members. Under Florida law, domestic violence includes:
- Assault and aggravated assault
- Battery and aggravated battery
- Sexual assault and sexual battery
- Stalking and aggravated stalking
- Kidnapping and false imprisonment
- Any other criminal offense that results in injury or death of a family or household member
A family or household member includes:
- Spouses and former spouses
- Individuals related by blood or marriage
- People currently living together as a family or who have lived together in the past
- Parents of a child in common, regardless of marriage status
To qualify under Florida’s domestic violence laws, the parties (except parents of a common child) must currently reside together or have previously lived together in the same home.
(Source: Florida Statutes, Section 741.28)
What Is a Domestic Violence Injunction?
A domestic violence injunction is a legal order issued by the court to protect a person from further acts of domestic violence. This injunction is commonly referred to as a restraining order and can restrict the accused from contacting the petitioner.
A person can file a petition for a domestic violence injunction if:
- They have been a victim of domestic violence
- They have reason to believe they are in immediate danger of becoming a victim
A person’s right to request an injunction is not affected by whether they have moved out of the residence to escape domestic violence.
A petition for a domestic violence injunction can be filed in:
- The county where the petitioner currently resides (even if temporarily)
- The county where the respondent resides
- The county where the domestic violence occurred
(Source: Florida Statutes, Section 741.30)
Types of Domestic Violence Injunctions in Florida
Florida courts issue different types of injunctions based on the circumstances of the case. These include:
- Temporary Injunction – Granted on an emergency basis and remains in effect until a court hearing is held.
- Final Injunction – Issued after a hearing where both parties present evidence. This injunction can be long-term or indefinite.
- No-Contact Orders – Issued in criminal cases, separate from a civil injunction, and typically enforced as part of bail conditions.
What Happens After a Domestic Violence Injunction Is Filed?
Once a petition for a domestic violence injunction is filed, the court may:
- Issue a temporary injunction if the judge believes the petitioner is in immediate danger
- Schedule a hearing to allow both parties to present their case before a judge decides on a final injunction
- Order additional restrictions, including eviction of the respondent from a shared residence, temporary child custody arrangements, and mandatory counseling
A violation of a domestic violence injunction is a criminal offense and can result in arrest, fines, and jail time.
Defending Against a Domestic Violence Injunction
Being served with a domestic violence injunction can have serious consequences, including:
- Restrictions on where you can live or travel
- Loss of child custody rights
- Damage to your reputation and career
- A permanent record of the injunction
If you have been served with a petition for an injunction, it is essential to take immediate action. Common defenses include:
- False allegations – If the petitioner has fabricated or exaggerated claims
- Lack of evidence – If there is no proof of violence or imminent danger
- Self-defense – If the alleged violence was in response to an immediate threat
- Mutual conflict – If both parties were involved in the dispute and the petitioner was also an aggressor
An experienced criminal defense attorney can help you present a strong defense and protect your rights. If you’ve been served with an injunction in Tampa, Florida, contact the Law Office of Daniel J. Fernandez, P.A., for legal assistance.
What to Do If You Need Help with a Domestic Violence Injunction
Whether you are seeking protection from an abuser or defending yourself against false accusations, legal representation is critical. A domestic violence injunction can impact your safety, freedom, and future.
If you are a victim of domestic violence, you should:
- Call 911 if you are in immediate danger
- Seek medical attention if injured
- File a petition for an injunction as soon as possible
- Consult with a domestic violence attorney for guidance
If you have been wrongfully accused, you should:
- Not violate the injunction under any circumstances
- Gather evidence, including messages, witness statements, and any proof that contradicts the claims
- Contact a criminal defense lawyer immediately
Why Daniel J. Fernandez, P.A. is the Best Choice
Facing a domestic violence injunction can be overwhelming. Whether you need protection or are fighting false allegations, the Law Office of Daniel J. Fernandez, P.A. is here to help. With extensive experience in criminal defense and domestic violence cases, Attorney Daniel J. Fernandez understands how to protect your rights and advocate for the best possible outcome.
Call 813-229-5353 today for a free consultation. Let an experienced Tampa domestic violence attorney fight for you.
