What Do You Need to Do to Obtain an Injunction for Protection Against Domestic Violence in the Orlando, Florida Area?
- June 29, 2022
- ontarget
- Family Law
- 0 Comments
To obtain an Injunction for Protection Against Domestic Violence in the Orlando, Florida area, you must show that the Petitioner (victim) had an objectively reasonable fear that the Petitioner was in danger of imminent violence. To obtain an injunction, the Petitioner must establish an objectively reasonable fear that he or she is in imminent danger of becoming the victim of any act of domestic violence.
Domestic violence is defined as any sexual 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.
In determining whether the petitioner’s fear is objectively reasonable, the trial court considers the current allegations, the parties’ behavior within the relationship, and the history of the relationship as a whole.
A prior incident cannot be too remote in time and too isolated to establish an objectively reasonable fear of imminent danger.
The Florida Statute on Domestic Violence is Florida Statute 741.28 Domestic violence definitions.
Florida Statute 784.046 is the statute that also explains domestic violence. It is titled
| 784.046 Action by victim of repeat violence, sexual violence, or dating violence for protective injunction; dating violence investigations, notice to victims, and reporting; pretrial release violations; public records exemption.— |
In order to obtain an injunction for protection against domestic violence, you must go to the courthouse to fill out the injunction paperwork. If you are indigent, you can fill out paperwork to have the clerk waive the filing fee. The court will then issue a temporary injunction or deny the injunction. If you obtain a temporary injunction, the sheriff will serve the temporary injunction on the Respondent. There will then be a hearing in front of the judge at the courthouse to determine if a permanent injunction against domestic violence will be entered.
If the judge enters an injunction, it can be for a set period of time or permanent.
You may hire an attorney to represent you at the injunction hearing. If you are the Petitioner, then a victim advocate will be in the courtroom to support you.
If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation.
This article is for informational purposes only and does not form an attorney client privilege.