19 Nov Domestic Violence Injunctions: Who Can Apply for Protection?
Domestic Violence Injunctions: Who Can Apply for Domestic Violence Restraining Orders?
One of the first questions that a victim of violence should consider is how they can prevent the abuse from going any further. There are different types of injunctions that a victim in a relationship is able to pursue against their abusing partner. They include both dating violence injunctions and domestic violence injunctions. This is particularly challenging when the person perpetuating the violence resides with the victim. The goal, of course, would be to remove the abuser from the shared premises entirely. In this discussion, we will not address who qualifies for orders of protection for “dating violence”, but rather “domestic violence”.
So, who can apply for such protection? Under Florida Statute §741.30(1)(e), people who may seek injunctions against domestic violence include family and / or household members.
Under Florida Statute §741.28(3), the term “family and household members” refers to:
(1) spouses,
(2) former spouses,
(3) persons related by blood or marriage,
(4) persons who are presently residing together as if a family,
(5) persons who resided together in the past as if a family,
(6) the parents of a child, regardless of whether they have ever been married, and
(7) or must be currently residing in the same household together or have resided in the same household together in the past.
Remember, all is not lost if you are in a relationship with someone but you do not qualify as a “family or household member” for the purposes of a domestic violence injunction. This is because not qualifying for a domestic violence injunction does not necessarily preclude you from obtaining a protective order (injunction) using a different method. If you have any questions regarding Orders of Protection against Domestic Violence or are in an abusive relationship with a household member and need help, give us a call.