Domestic Violence Injunction

The process for obtaining an injunction begins when a petition is filed. The individual filing the petition is referred to as the petitioner. There is no filing fee for submitting a petition for an injunction.

Once the petition is filed, a judge will review it. If the judge determines that the allegations, taken as true, meet the legal requirements for granting an injunction, a temporary injunction will be issued. A temporary injunction typically lasts for 15 days, but it can be extended if needed to complete service. A hearing will be scheduled within 15 days to further assess the case. The opposing party must be served with the petition, temporary injunction, and notice of hearing. A temporary injunction may impose restrictions on contact and communication between the parties, as well as orders for the defendant to stay away from the petitioner and their usual locations, such as home or work. It may also address matters related to children, such as time-sharing and child support.

At the hearing, the judge will consider the testimony and evidence presented by both parties to determine whether an injunction is appropriate. Unlike the temporary injunction, which assumes the petitioner’s allegations are true, both parties must now provide evidence to support their claims.

If the judge decides to issue a “permanent” injunction, it may either last for a set period of time or remain in effect indefinitely until a modification is requested.

If you have been served with a domestic violence injunction or are looking to file a domestic violence injunction, call Florida Family Law, PLLC, right now to discuss your options.