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Protection Orders for Domestic Violence

Posted on August 4, 2015

Domestic violence is sadly prevalent in many dating and marriage relationships, but you do not have to be victimized by your abuser. The law provides many ways for you to seek protection from an abusive relationship, including through the use of protection orders in court. This simple piece of paper requires by law that your abuser stay away from you, your family, home, and place of employment.

Florida Domestic Violence

Florida law defines domestic violence in Fla. Stat. 741.28 as any “assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.” People who are considered to be household members under the law include a spouse, former spouse, anyone related by blood or marriage, anyone residing together as a family, and parents with a child in common.

Under the law, anyone who has been the victim of domestic violence or has a reasonable belief that they are in imminent danger of becoming a victim has the ability to file for an injunction for protection against domestic violence with the courts.

Injunction for Protection

There are two types of injunctions for protection that you can seek for help in a domestic violence situation. Under the law, Fla. Stat. 741.30 defines the types of injunctive relief available to the victim of domestic abuse in the court system.

A temporary, or ex parte, injunction provides immediate protection to you and your family from domestic violence. A temporary injunction is issued when you file your petition, and your abuser does not need to be notified of the proceeding. The decision to grant the order is based solely on your testimony and it lasts for up to fifteen days, which is long enough to have a full hearing regarding protection.

The second type of protective order is a final injunction of protection, which establishes long-term protection against your abuser. In order to issue this type of protection, a full hearing must be done where your abuser is notified of the proceedings. Both parties have the opportunity to present evidence regarding the abuse, and a judge will make a final determination regarding the injunction. A final injunction can have an expiration date, such as one or three years, where it would be renewed or can be indefinite.

If you do not qualify for an injunction for protection against your abuser, there are other types of protective relief available to you through the courts, including an injunction against repeat violence, an injunction against dating violence, and an injunction against sexual violence.

Our Office can Help

If you or a loved one is in need of an injunction for protection against an abusive household member, the experienced Fort Lauderdale attorneys at Stok Kon + Braverman can help. Call the office or contact us today for a confidential and free review of your case.

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