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Things You May Not Know About An Injunction for Protection Against Domestic Violence in the Orlando, Florida Area

There are multiple types of injunctions for protection against domestic violence in Florida. An injunction may be filed in the county where the petitioner currently or temporarily resides, where the respondent resides, or where the domestic violence occurred. A temporary injunction shall be effective for a fixed period not to exceed fifteen days. An Injunction for Protection Against Domestic Violence is sometimes referred to as a Restraining Order by lay people. An Injunction can restrain a person from having contact with the petitioner or petitioner’s household. 

The court can award the petitioner exclusive use and occupancy of the dwelling that the parties share or exclude respondent from the residence of the petitioner. The court can award temporary custody of a minor child of the parties. The court can order the respondent to surrender any firearms or ammunition in his or her possession to the specified sheriff’s office pending further order of the court. 

Dating violence is defined as an individual who has or had a continuing and significant relationship of a romantic or intimate nature. The relationship must have existed in the past six months. The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties. The frequency and type of interaction between people involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the relationship. The term does not include violence in a casual acquaintance or violence between individuals who only have engaged in ordinary fraternization in a business or social context. The court may not issue mutual orders of protection. 

Domestic violence means any assault, aggregated assault, battery, aggregated 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. 

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. on 407-732-7620 and arrange an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com 

This article is for informational purposes only and does not form an attorney client privilege.