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What Is an Injunction Against Domestic Violence?

An Injunction against Domestic Violence is for someone who is the victim of domestic violence or in imminent danger of becoming a victim of domestic violence.

Do you need one? Are you in immediate present danger of domestic violence? Have you been the victim of domestic violence?

Why would you need one? To prevent the abuser from staying away from you.

How do you get one? If the person that has committed domestic violence, or you think is going to commit domestic violence on you; and the abuser is a family or household member, you can go to the courthouse and file an Ex parte Temporary Injunction. You go to the court house and fill out the paperwork for an Ex parte Temporary Injunction. It is reviewed by a judge that same day to see if an immediate and present danger of domestic violence exists. A temporary injunction is either granted, or it is not granted.

A permanent injunction hearing is then set and you and alleged abuser are notified of the court date. You will need to testify at the permanent injunction hearing. You may hire an attorney to represent you at the hearing and present your case.

If you feel you are in real danger, you can go to Safe House of Seminole County, or Harbor House in Orange County. These organizations help victims and their children of domestic violence. They will explain domestic violence to you. If someone is committing domestic violence on you, you can call 9-1-1.

What if someone filed an Injunction against Domestic Violence against you? What can you do? You can hire an attorney to defend you at the injunction hearing in hopes of getting the injunction thrown out. You may call witnesses on your behalf. You may also testify on your behalf. However, if you have pending criminal charges, you might not want to testify on grounds that your testimony could incriminate you. You would need to discuss that with a criminal attorney.

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