Injunctions for Protection: What Exactly Are They?
Injunctions for protection are generally what other states refer to as restraining orders. Injunctions for protection are court orders, which, when granted, prevent individuals from acting in specific ways and/or instruct them on how to act. Courts grant injunctions for protection to victims of violence and those in fear of physical violence. An injunction for protection mostly requires the respondent to stay away from the petitioner’s;
- home
- school
- place of employment and
- any other place the court finds essential
Injunctions for protection can also instruct the respondent not to contact the petitioner via calls, emails, or texts.
Injunction proceedings are usually civil proceedings and not criminal proceedings. Courts do not apply the criminal rules of procedure during these proceedings. However, even though injunctions for protection are not criminal charges, they bear some negative impacts common with criminal charges. For example, when an injunction for protection goes on your record, it can affect your ability to secure jobs or housing. Moreover, disobeying an injunction for protection carries potential criminal implications.
In Florida, there are 5 types of injunctions for protection petitioners can seek. These are injunctions for protection against;
- Stalking
- Repeat Violence
- Domestic Violence
- Dating Violence
- Sexual Violence
Injunction for Protection Against Domestic Violence
These injunctions protect both adults and minors. A person can seek an injunction for protection against domestic violence if the respondent is a family or household member they live with or have lived with in the same dwelling. Parents of the same child or children are exempted from the rule. Domestic violence includes stalking, assault, sexual assault and battery, and other acts as defined by F.S. 741.30.
Injunctions for Protection Against Stalking
Under stalking, courts also consider cyberstalking. For someone to file for an injunction for protection against stalking, there needs to have been at least two incidences of stalking. These injunctions also protect both adults and minor children.
Injunctions for Protection Against Dating Violence
For instance, in the case of an injunction against violence in a relationship or dating violence, a petitioner must show that they have dated the respondent within the last six months. One must not have already been a victim of dating violence to file for this type of injunction for protection. If you have cause to believe that you’re in immediate danger, you can file an injunction.
Injunctions for Protection Against Sexual Violence
Sexual violence includes;
- Sexual battery (Defined by F.S.794.011)
- Luring or enticing children (Defined by F.S. 787.025)
- Requiring children to perform sexually (Defined by F.S. 827.071)
- Lewd acts upon or in the presence of children below the age of sixteen
Victims or parents of victims can file for injunctions for protection against sexual violence.
Injunctions for Protection Against Repeat Violence
Successfully filing for an injunction for protection against repeat violence requires a minimum of two incidents, and one of the incidents must have occurred within the past six months. To file for this injunction, an individual must dread repeat violence by the respondent.
Allow Us to Help You Today
If you need more information on injunctions for protection or you believe our family law attorneys can help you obtain a particular injunction for protection, contact a qualified Jacksonville family lawyer at The Lasky Law Firm today to schedule a consultation.
Resource:
flcourts.org/Resources-Services/Court-Improvement/Family-Courts/Domestic-Violence/Injunctions
https://www.laskylawfirm.com/types-of-alimony-in-florida/
