In Florida, there are four types of protection orders called injunctions that protect people from violence. These are for domestic, repeat, dating, and sexual violence. These are civil cases and have specific rules and forms to use. When filing a case, it’s best to use the Florida Family Law Rules version of the petition. There are no filing or service fees. If a judge finds there is an immediate danger of violence, they can grant a temporary injunction for up to 15 days without needing a lot of proof. If someone gets a temporary injunction, there will be a full hearing within 15 days. It can be extended for another 15 days if needed. If the temporary injunction is denied, a final hearing will be scheduled. At the final hearing, the person asking for the injunction needs to prove their case. If they succeed, the injunction will stay in place until the court decides to end it. It can also be extended if needed. When deciding on the type of action to take, the person filing the case needs to consider their relationship with the other person involved. There are different types of injunctions and different rules for each one. Domestic Violence laws in Florida protect family or household members from physical harm by defining certain acts as domestic violence, such as assault, battery, stalking, and kidnapping. If you are a victim of domestic violence, you can file for a protection order in the county where you live, where the abuser lives, or where the violence occurred. This allows you to get help without having to go back to the dangerous situation. If someone is in immediate danger of domestic violence, the court can issue a temporary injunction to protect them. The person asking for the injunction must show they have been a victim of domestic violence or have a good reason to believe they will be soon. The court will look at specific factors to decide if there is a high risk of danger. If the injunction is granted, it can include things like keeping the abuser away from the victim’s home and workplace, giving the victim temporary custody of any children, and taking away the abuser’s access to firearms. If the victim and abuser share a home, the court will make a plan for the abuser to get their things with the help of law enforcement. Any disputes about property will have to be handled in a different court case. If both people in a relationship get injunctions against each other, they can’t be in the same place or contact each other. If the person who the injunction is against breaks the rules, they could go to jail. Even if the person who got the injunction invites the other person over, it’s still a violation. But if the person who got the injunction invites the other person over, they won’t get in trouble. If the person who got the injunction contacts the other person, the other person can ask for the injunction to be canceled. Starting in 2003, final hearings for injunctions against domestic violence must be recorded by the court. This means a court reporter is no longer needed. The court will provide the recording. The injunction can include protections against violence, orders for child support and spousal support, and a requirement for the abuser to attend counseling. The abuser also has to give up their firearms. There are no attorney fees for these cases. If there is a divorce case at the same time, the courts have different procedures for handling both cases. In Florida, injunctions can be enforced in all counties and even nationwide. If someone is being harassed or threatened by someone they aren’t in a relationship with, they can still get an injunction for protection under the repeat violence law. This law also covers cases involving love triangles, co-workers, neighbors, and roommates. If you are a victim of repeat violence or the parent of a minor child who is a victim, you can apply for an injunction to protect yourself. You need to show that there have been two incidents of violence or stalking against you or your family member within the last six months. In contrast to domestic violence cases, where you only need to fear that violence is imminent, in repeat violence cases, the violence must have already happened twice. The court can give you an injunction to stop the person from committing acts of violence and order them to get counseling. They can also give any other necessary relief to protect you. There is no requirement for the court to record the final hearing, so if you want a record, you need to bring a court reporter. If you are a victim of dating violence, you can get a court order to protect you from the person hurting you. Dating violence means violence between people who have or had a romantic relationship. You have to show that you are a victim of dating violence or that you think violence is going to happen soon. You don’t need to have proof of violence before asking for the court order. The court will consider how often you interacted with the person and the type of relationship you had to decide if it was a dating relationship. If the court gives you the order, the person hurting you may have to stay away from you, get counseling, and do other things to protect you. To protect victims of sexual violence, a new law allows them or their parents to file for a court order to stop the perpetrator from contacting them. The victim must have reported the incident to the police and be helping with any criminal case. If the perpetrator is in jail, the order lasts for 15 days after they are released. This law was made to help people, including kids, who are victims of sexual violence but don’t have a relationship with the perpetrator. It gives them the same protection as people in repeat violence cases. In Florida, there are four different types of orders of protection against violence. It’s important for lawyers to understand these differences in order to best help their clients. The different types of orders have different requirements for who can file them and what evidence is needed. It’s important for lawyers to be familiar with these requirements in order to help their clients effectively. If one parent has been convicted of a felony involving domestic violence, it is assumed to be harmful to the child. The court can order the parent to attend a program for domestic violence offenders. Gun possession is not allowed for those with a restraining order for domestic violence. If there is a threat of violence, the court can also prohibit firearm possession. These are cases and laws related to domestic violence in Florida. Judge Amy Karan and Lauren Lazarus are experts in this area and work to prevent domestic violence and help victims. They are involved in the legal system and work on strategies to reduce domestic violence-related deaths in Miami-Dade County. Make sure lawyers do their job well and help people, and keep getting better at understanding and using the law.
Source: https://www.floridabar.org/the-florida-bar-journal/floridas-four-orders-of-protection-against-violence-distinguishing-the-difference/
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