How to Request Protection from Domestic Violence in Florida?
Statistically speaking, about 1 in 3 women become victims of physical violence by their intimate partner. While many victims of domestic violence realize that leaving their partner is the best way to end the abuse and protect themselves, doing so is not always safe or possible.
That’s why abused partners consider requesting protection from domestic violence by filing an injunction against their abusive spouse. Below, we will discuss how you can request protection from domestic violence in Florida.
If you were abused by your partner during the marriage or romantic relationship, speak with our Orlando domestic violence attorney at the Law Offices of Steve W. Marsee, P.A., to help you seek an injunction against your abusive partner.
What is an injunction?
In short, a court injunction allows you to stay in your home while getting legal protection from domestic violence. As provided in Section 741.30, Florida Statutes, victims of domestic violence can request protection against their spouse, domestic partner, or any person with whom they live, including:
- Other family members
- People not related by blood or marriage
You can also file an injunction if you are currently seeking a divorce or are considering filing for divorce in Orlando.
How to seek protection from domestic violence?
The abused person can request protection from their abusive spouse, partner, or another person in their home by filing a petition with the appropriate court. The petition should specify that you:
- Have become a victim of domestic violence; or
- Have reason to believe that being near the person against whom the petition is filed would put you in imminent danger.
You must also include your and the abuser’s name and address. Also, the petition should contain a physical description of the individual you are seeking protection from and their work address.
What is considered domestic violence?
In order to understand when you can request protection from domestic violence in Florida, you need to know what is considered “domestic violence” under Florida law:
- Inflicting harm or bodily injury on the victim
- Attempting or threatening to harm the victim, their family, friends, or coworkers
- Killing or harming a pet
- Attempting or threatening to kidnap the victim or their child
- Damaging or destroying the victim’s personal property
- Restricting the victims from leaving home and/or contacting law enforcement
- Engaging in any acts that threaten the victim’s safety
How does an injunction protect you against the abusive partner?
When seeking an injunction for protection against your abusive partner, you can request the following types of protection:
- Protection against acts or threats of violence;
- Preventing your spouse from residing with you and coming within a certain distance from your residence;
- Preventing the abusive partner from contacting you through any means;
- If minor children are involved, creating a temporary parenting plan to restrict the abusive partner from having any contact with the kids; and
- Ordering to pay child support and/or alimony.
Also, the abusive partner may be ordered to attend domestic violence prevention programs, counseling, and treatment. Contact our attorney Steve W. Marsee to help you request protection from domestic violence in Florida. Call 407-521-7171 to get a free initial consultation.