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Obtaining a Domestic Violence Injunction in Florida

Unfortunately, domestic violence is a reality in some relationships. If you are going through a violent situation, you are not in this by yourself. Please seek help. The National Coalition Against Domestic Violence reports that more than 100,000 domestic violence cases are reported within the state of Florida each year. Laws in this state give domestic violence victims legal options to help seek immediate protection for themselves and their family. More specifically, victims may be able to obtain an immediate injunction in their case. If you have been a victim of household violence, or if you have any questions about domestic violence-related injunctions, please pick up the phone and call an experienced Orlando domestic violence attorney today.

What Is an Injunction for Protection Against Domestic Violence?

An injunction for protection against domestic violence is a court document that gives victims additional legal rights as well as the ability to enforce those rights. For example, if you obtain domestic violence injunction, you may be able to get:

  • Temporary custody or possession of your children;
  • Your abuser out of your shared home;
  • Your abuser away from your person or your job;
  • Your abuser to stop contacting you, in any form; and
  • Anything else that a judge deems necessary for your protection.

In the event that the abuser violates a court ordered injunction, you have strong enforcement rights. You will have grounds to seek an immediate arrest. This makes domestic violence injunctions very powerful legal tool. They can help you get yourself and your family into a safe place while you sort things out.

When Can You Get an Injunction for Protection from Domestic Violence?

Under Florida law, you can qualify for an injunction if you can prove to a judge that you are in immediate danger. Certainly, the term ‘immediate danger’ is vague enough to leave considerable room for different interpretations by different judges. Though, judges in the state will look at the following factors:

  • Any history of physical abuse towards you or any other party;
  • Any history of any intimidating behavior on the part of the alleged abuser, including stalking, threats, or verbal abuse;
  • Evidence of destruction of your personal property; and
  • Whether or not your behavior is consistent with the belief that you are in immediate danger.

Ultimately, if you are seeking a protective injunction, you should be represented by a qualified attorney. Suffering through domestic violence is usually an extremely stressful and confusing time for victims. Your attorney can help take care of the legal aspects of your case so you can focus on the well-being of yourself and your family.

Do You Need Legal Assistance?

At Law Offices of Steve W. Marsee, P.A., our compassionate family law team understands the sensitivity of domestic violence cases. We can help you do what is best to protect you and your family. For immediate family law help, please do not hesitate to contact our Orlando office today. We represent families throughout Central Florida, including in Seminole County and Lake County.

Resource:

hubbardhouse.org/files/resources/Florida_Domestic_Violence_Fact_Sheet.pdf

Steve W. Marsee, P.A.

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