Domestic violence can be an issue for any family or household. It has been called a public healthcare crisis and Florida has enacted laws on both the civil and criminal level to attempt to mitigate it.  According to the Center for Disease Control, 1 in 4 women and 1 in 7 men will experience physical violence during their lifetimes.  This article focuses on the civil treatment of domestic violence in the Florida court system.

In Florida, restraining orders are called “injunctions.” Domestic violence in Florida is governed by §741.30, Florida Statutes. Any person who is the victim of domestic violence or who reasonably believes that he or she is in imminent danger of becoming the victim of domestic violence has standing to seek an injunction for protection against domestic violence in Florida. In order to obtain an injunction, the Petitioner and Respondent must be family or household members.

Domestic violence includes: assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any other criminal offense resulting in physical injury or death to one family or household member by another family or household member. §741.28(2), Florida Statutes.

This is the process for obtaining an injunction for protection against domestic violence:

1. You or you and your attorney go down to the county courthouse and, with the aid of the clerk, fill out a Petition for Injunction for Protection Against Domestic Violence. You may attach supporting documents to your Petition.

2. Next, your Petition is submitted for the judge’s review. The judge will do one of 3 things: a) Grant a temporary injunction and set a return hearing within 15 days; b) Deny the injunction but set a return hearing within 15 days or c) Deny the injunction altogether.

3. The return hearing will require that you submit evidence to establish that you are the victim of domestic violence or that you have reasonable cause to believe that you are in imminent danger of becoming the victim of domestic violence. You can submit documents, records and question witnesses, including the Respondent.

4. The Respondent (or his or her attorney) will have an opportunity to present evidence, including questioning the Petitioner.

5. The Respondent must be served with the Petition for Injunction Against Domestic Violence by the Sheriff’s Department. If Respondent is not served before the hearing, then the judge will set another hearing to allow for more attempts at service.

6. The injunction will be denied at the return hearing if the Petitioner is not present. The injunction will typically be granted if the Respondent is served but does not appear at the return hearing.

7. In determining whether the Petitioner has “reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence,” the court must consider all relevant factors sworn in the Petition such as:

A.        The history between the Petitioner and the Respondent, including threats, harassment, stalking and physical abuse.

B.        Whether the Respondent has attempted to harm the Petitioner or family members or individuals closely associated with the Petitioner.

C.        Whether the Respondent has threatened to conceal, kidnap, or harm the Petitioner’s child or children.

D.        Whether the Respondent has intentionally injured or killed a family pet.

E.         Whether the Respondent has used, or has threatened to use, against the Petitioner any weapons such as guns or knives.

F.         Whether the Respondent has physically restrained the Petitioner from leaving the home or calling law enforcement.

G.         Whether the Respondent has a criminal history involving violence or the threat of violence.

H.         The existence of a verifiable order of protection issued previously or from another jurisdiction.

I.          Whether the Respondent has destroyed personal property, including, but not limited to, telephones or other communication equipment, clothing, or other items belonging to the                             Petitioner.

J.          Any other behavior that leads the Petitioner to fear imminent danger of becoming the victim of domestic violence.

8. If the Injunction for Protection Against Domestic Violence is granted, the court typically orders the Respondent to have no contact with the Petitioner, to surrender firearms, and to attend Batterer’s Intervention and/or Anger Management program(s). The court may also order child support and/or alimony.

Tips for Petitioners:

1. Consult with a Florida Family Law attorney.
2. Go to the clerk of court in your county for forms and assistance with the forms. They will help walk you through the process.
3. Don’t contact the Respondent or it will appear that you are not afraid of him or her.
4. If you have not already hired an attorney, consider hiring one for the return hearing as testimony will be taken and evidence submitted. Be prepared to answer questions from the judge and the Respondent.
5. An injunction is merely a piece of paper. It does not deter everyone from committing acts of domestic violence. Take additional steps to protect yourself.

Tips for Respondents:

1. Hire a Florida Family Law attorney experienced with defending injunctions.
2. Take the process very seriously. Civil injunctions in Florida can follow you around for the rest of your life and interfere with employment opportunities and/or result in termination. There is no way to have them removed from public records.
3. Have an attorney represent you at the return hearing as testimony will be taken and evidence submitted.
4. Your attorney will most likely instruct you not to speak (“pleading the Fifth”) as statements can be used against you by the State. Frequently, the hearings are monitored by prosecutors as the facts present in these types of cases can lead to criminal charges being filed.

Domestic violence cases are always stressful and often frightening.  In addition to representing your legal rights, the right attorney can communicate on your behalf with the other party.  This can help calm things down and sometimes help the parties reach an enforceable agreement that will provide peace of mind and a return to normalcy.

Here is the link for a Petition for Injunction for Protection Against Domestic Violence:
https://www.flcourts.org/content/download/403225/3457684/980a.pdf