Family lawyer, family attorney, family law firm, criminal lawyer, Sarasota County, Bradenton, Desoto, Pinellas, Manatee County, Florida.

1620 Main Street, Suite 7, Sarasota, Florida 34236
Phone: 941-227-4945 | Hours: Mon - Fri 9am to 5pm

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VICTIMS OF DOMESTIC VIOLENCE: ESTABLISHING AND INJUNCTION

 

A domestic violence injunction can typically only be requested and issued against a person who has lived with you as a "family." An injunction, sometimes called a "Restraining Order," directs a person not to have contact with another person, go to specific locations, can sometimes order basic time-sharing schedules and be required to take certain actions, among other things.

 

 

If an injunction is issued, then the judge has ordered the accused to have no contact with the person who made the accusation; no contact means no contact of any form, unless expressly authorized by the judge.

Victims of Domestic Violence: Requirements for an Injunction:

 

Petitions for Protection from Domestic Violence must be very specific as to the acts that took place. It is important to remember that minimizing or neglecting to include all the details of related to domestic violence can result in the judge not granting you the protection that you deserve and need. These details include:

  • When the domestic violence occurred (dates and times, each incident if there are multiple)
  • Where the domestic violence occurred (each incident if there are multiple)
  • Any threats against other family members
  • If there were children present when the violence occurred
  • If the abuser was intoxicated (alcohol, drugs or other intoxicant) when the violence occurred.
  • Any threatening statements

 

   After these statements are put in the Petition, a judge will review the Petition to see if he/she believes there is an imminent threat of domestic violence. If he/she does, then they will issue a Temporary Injunction and set the case for a hearing. While there is no guarantee on how long this process can take, often times a decision regarding the Temporary Injunction will take place within 24 hours and a final hearing within 2-3 weeks.

 

   If the Temporary Injunction is granted, then the abuser will likely not be able to return to the shared home, if applicable, except to get their personal belongings, in the presence of a Sheriff. The Temporary Injunction will also address time-sharing with any minor children, if the parties have children together.

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