Monday, October 30, 2017

Types of Protective Injunctions in Florida

There are 5 very specific types of injunctions, or restraining orders, that you can apply for in Florida.  It is important that you know the difference between them, because if you apply for the wrong one, the injunction can be denied. 

On the other hand, if you are defending against an injunction, that is the first line of defense.  Was the proper injunction applied for? 

Below is a listing of the types of Injunctions in Florida:

1.      Injunction for Protection Against Domestic Violence – This injunction is specifically for persons who have been the victim of domestic violence or who are afraid of imminent domestic violence.  Domestic violence includes assault, battery, sexual battery, stalking, kidnapping, and false imprisonment. A domestic relationship means that the person is either your spouse, former spouse, related to you by blood or marriage, living with you presently, or has lived with you in the past, or the person is the parent of your child(ren) even if you have not lived with the person.  If the person you are attempting to file an injunction for protection against has not hurt you in one of the above listed ways, and you are not in a domestic relationship with that person, then you cannot get this type of injunction. 

2.      Injunction for Protection for Repeat Violence – This injunction is specifically for persons who are victims of repeat violence.  Repeat violence means that two incidents of violence have been committed against you by another person, one of which must have been within 6 months of filing the petition.  Repeat violence includes assault, battery, sexual assault, stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury.  This type of injunction is intended for non-relatives.

3.      Injunction for Protection Against Dating Violence – This injunction is specifically for persons who are victims of dating violence, but who never lived together.  If you are in imminent danger or have been in danger for the past 6 months, this injunction is for you.  The dating relationship must have existed in the past 6 months, the nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties, and the frequency and type of interaction must have included that the persons have been involved over time and on a continuous basis during the course of the relationship.  It does not include violence in a casual acquaintanceship.  This injunction is intended for non-relatives.

4.      Injunction for Protection Against Sexual Violence – This injunction was intended to correspond with an active criminal investigation.  You must have reported the sexual violence to a law enforcement agency and be cooperating in the criminal proceeding (if there is one).  You may file this petition if you are the parent or legal guardian in behalf of your minor child who is living at home and is the victim of sexual violence.  You may also seek this injunction for protection if the offender was sent to prison and you discover that the offender is getting out of prison within 90 days of your petition. 

5.      Injunction for Protection Against Stalking – This injunction is specifically for persons who are victims of repeat harassment, following, or cyberstalking.  Cyberstalking means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving to legitimate purpose.  This injunction is intended for non-relatives.

Whether you are applying for an injunction for protection or you are defending against one, it is important that you have a knowledgeable attorney by your side.  Even though injunctions are civil in nature, injunctions have elements of both family and criminal defense law intertwined.  You should have an experienced family and criminal defense attorney to walk you through the process.  Call Heather Bryan Law today at 863-825-5309, for your consultation, or contact us online