Blog

What Evidence Do I Need to Obtain an Injunction Against Domestic Violence

What is necessary to obtain an injunction against domestic violence in Orlando, Florida?

Florida Statute 741.30 (1) (a) states that any person who is the victim of domestic violence as defined in Florida Statute 741.28 or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence, has standing in the circuit court to file a sworn petition for an injunction for protection against domestic violence.

Florida Statute 741.28(2) “DOMESTIC VIOLENCE” means 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.

Florida Statute 741.28(3) “Family or household member,” means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.

You should include any of the following for the court to consider:

1. Respondent previously threatened, harassed, stalked or physically abused the petitioner.
2. Respondent attempted to harm the petitioner or family members or individuals closely associated with the petitioner.
3. Respondent threatened to conceal, kidnap, or harm the petitioner’s child or children.
4. Respondent intentionally injured or killed a family pet.
5. Respondent used, or threatened to use, against the petitioner any weapons such as guns or knives.
6. Respondent physically restrained the petitioner from leaving the home or calling law enforcement.
7. Respondent has a criminal history involving violence or the threat of violence.
8. Respondent has another order of protection issued against him or her previously or from another jurisdiction.
9. Respondent destroyed personal property, including, but not limited to, telephones or other communication equipment, clothing, or other items belonging to petitioner.
10. Respondent engaged in any other behavior or conduct that leads the petitioner to have reasonable cause to believe he or she is in imminent danger of becoming the victim of domestic violence.

This article is for informational purposes only and does not form an attorney client privilege. If you have more questions regarding Orlando Injunctions Against Domestic Violence, you may contact Ann Marie Gilden, Esquire of Ann Marie Giordano Gilden, PA at 407-732-7620.