09 Nov Injunction for Protection against Domestic Violence
Injunction for Protection against Domestic Violence
Our Florida Family Law firm handles Domestic Violence Injunction cases for both the accused (respondent), as well as the person attempting to obtain the injunction for protection (petitioner). We, as attorneys, need to speak with our clients about:
(1.) the function and purpose of the injunction, and
(2.) the issues that the Florida court must make a decision during the hearing on the petition for permanent injunction.
1. Function & Purpose
An injunction for protection is a essentially a civil order that serves as a means of court ordered protection from future harm by potential abusers. Through an Injunction for Protection against Domestic Violence, a Florida court can essentially order the abuser (respondent) to:
a. do certain things (such as moving out of the house);
b. not do certain things (such as contacting someone); or
c. it can give the victim certain rights (such as temporary custody of any children).
2. Issues that Florida Court Must Address
Well, there are are few things that Florida courts must consider at a hearing for a permanent injunction for protection against domestic violence. Under the Florida Family Court Rules (Fla. R. Fam. Law R. Proc. 12.610) the Florida court must decide whether the accused (respondent) may have any future contact with the abused partner (petitioner), and if so, under what conditions. If sufficient indicia of Domestic Violence has been proven, the Court will determine whether there is anything that they must order in order to secure the protection of the petitioner.
In cases in which the couple is married and/or there are children involved and there was conduct sufficient to be considered Domestic Violence, the court must also consider the following issues:
a. Will the Court award exclusive use of the parties’ shared residence?
b. Will this affect the petitioner’s temporary time-sharing with the minor child or children?
c. Should respondent will have temporary time-sharing with the minor child or children and whether it will be supervised?
d. Should temporary child support be ordered?
e. Should temporary spousal support be ordered?
f. Is there anything else that the court deems necessary for the protection of the petitioner?
There are, of course, many other issues to discuss with your attorney regarding an Injunction for Protection against Domestic Violence, such as the circumstances that gave rise to the need for an injunction, the potential (and probable) outcomes of your situation, as well as a strategy to obtain your “best case” outcome.
If you find yourself in a situation in which you are facing an Injunction for Protection against Domestic Violence, give us a call at +1.786.309.8588