Domestic Violence Injunctions in Florida: Your Rights and Next Steps
Learn how a domestic violence injunction works in Florida and what to do if you’ve been served. Get legal help from a Tampa criminal defense attorney.
If you’re facing a domestic violence injunction in Florida, either as the person seeking protection or the one being served, it’s important to understand your legal rights and obligations. These injunctions are serious legal matters that can affect your safety, freedom, and future.
What Is Considered Domestic Violence in Florida?
Under Florida law, domestic violence refers to certain criminal acts committed by one family or household member against another. These acts include:
- Assault or aggravated assault
- Battery or aggravated battery
- Sexual assault or sexual battery
- Stalking or aggravated stalking
- Kidnapping or false imprisonment
- Any offense that results in physical injury or death
Domestic violence is not limited to physical harm—it also includes threats or actions that cause someone to fear harm.
Who Qualifies as a Family or Household Member?
According to Florida Statutes § 741.28, a family or household member includes:
- Spouses or former spouses
- Individuals related by blood or marriage
- People currently or formerly living together as a family
- Parents of a child in common (regardless of marriage or cohabitation)
In most cases, individuals must have lived or currently live together in the same home, except when a child is involved.
How a Domestic Violence Injunction Works
If you are the victim of domestic violence or believe you are in imminent danger, you can petition the court for a protective injunction. This legal order is meant to prevent further contact or harm from the alleged abuser. It can include restrictions such as:
- No-contact orders (including phone, text, and social media)
- Eviction from a shared residence
- Temporary custody or visitation limits
- Surrender of firearms
You can file for a domestic violence injunction in the county where you live, where the respondent lives, or where the violence occurred, as allowed under Florida Statutes § 741.30.
What Happens After a Domestic Violence Injunction is Filed?
Once the petition is filed, a judge will review it to decide whether to issue a temporary injunction. If granted, a hearing will be scheduled within 15 days. Both parties may present evidence and testify at the hearing. A final injunction can be issued for a specific period or an indefinite period.
If you’ve been arrested or served with a petition, you must respond quickly and seriously. Violating an injunction is a serious offense and can result in fines, imprisonment, and a permanent criminal record.
Protect your rights—contact the Law Office of Daniel J. Fernandez, P.A. for legal help if you’ve been served with a domestic violence injunction in Tampa.
Defending Against a Domestic Violence Injunction
If you’ve been wrongly accused or believe the injunction is not justified, you have the right to defend yourself in court. A criminal defense lawyer can help build your defense by:
- Challenging false or exaggerated claims
- Presenting an alibi or witness testimony
- Highlighting the petitioner’s lack of evidence
- Exposing any motive to misuse the injunction process
Every case is unique, and effective legal representation can significantly impact the outcome.
FAQ About Domestic Violence Injunctions
Can I file an injunction even if I’ve already moved out?
Yes. Your right to seek protection is not affected by leaving the residence to escape violence.
What if the allegations are false?
If you’re falsely accused, you can present evidence and testimony to refute the claims during the hearing. An attorney can help prepare your case.
How long does a domestic violence injunction last?
Temporary injunctions typically last until the hearing, which usually occurs within 15 days of the filing. A final injunction can last for a specified period or remain in effect until the court orders it to be lifted.
Can an injunction affect child custody?
Yes. Courts may limit or supervise child visitation if the injunction involves threats or acts of violence involving children.
Why Daniel J. Fernandez, P.A. is the Best Choice
If you’ve been arrested or served with a domestic violence injunction in the Tampa area, you need a legal team that understands how serious these matters are. The Law Office of Daniel J. Fernandez, P.A., has extensive experience handling domestic violence cases and protecting clients’ rights both inside and outside the courtroom.
Don’t leave your future to chance. Call 813-229-5353 today to schedule a confidential consultation with a skilled criminal defense attorney who will stand by your side every step of the way.
