The 5 Types Of Protective Injunctions In Florida
In Florida, individuals who have experienced abuse at the hands of a current or former partner, relative, or other household member, or who are in fear of becoming the victim of such abuse can seek protection through an injunction. Florida actually offers five different types of injunctions and which one a person seeks will depend on the circumstances surrounding the request. Read on to learn more about Florida’s protective injunctions.
Domestic Violence Injunction
To petition for a domestic violence injunction, the accuser and the accused must be family or household members who are, or were living together in the same home (unless the parties share a child in common). The petitioner must show that he or she is the victim of domestic violence, or reasonably believes that he or she is in imminent danger of becoming such a victim. If granted, a domestic violence injunction can bar the respondent from contact with the petitioner, grant exclusive access to a shared home to the petitioner, and forbid the respondent from attempting to communicate with the petitioner, even through a third party.
Sexual Violence Injunction
A sexual violence injunction may be necessary in cases involving sexual battery, assault, and sex offenses involving minors. These injunctions protect petitioners from further violence or contact from respondents who were jailed for their crimes and whose prison term has expired, or is due to expire in the next three months. Both victims and the parents of minor victims can file this type of petition.
Dating Violence Injunction
Dating violence injunctions can be sought by individuals who were in a dating relationship with the respondent in the prior six months. To obtain an injunction, the petitioner will need to show that he or she:
- Is the victim of dating violence and has a reasonable fear of becoming a victim again; or
- Is in immediate danger of becoming a victim of dating violence.
If granted, these orders can protect petitioners (and their children) from further violence or any form of contact from the respondent.
Repeat Violence Injunction
To qualify for a repeat violence injunction, a petitioner must have experienced at least two incidents of violence or stalking at the hands of the respondent. At least one of the incidents must have occurred in the last six months. Like the other types of injunctions, a repeat violence injunction protects petitioners from further violence or any form of contact by the respondent, who can also be ordered to relinquish any guns in his or her possession.
Individuals can qualify for a stalking injunction if they can prove that they have been the victim of at least two incidents of stalking or cyberstalking. When granted, stalking injunctions can immediately restrain the respondent from committing any further acts of stalking and can order that person to participate in treatment, intervention, or counseling.
Reach Out to Our Clearwater Domestic Violence Lawyers
If you are seeking protection against a partner, relative, or household member, you can ask the court for one of five different types of injunctions. For help determining which type of injunction will best protect you, contact the dedicated Clearwater domestic violence lawyers at Cairns law by calling 727-683-1472 today.