Author: FWLG
Date: Sep 10 2015
Date: Sep 10 2015
There are numerous tactics that abusive spouses use to make their victims feel trapped and unable to escape their cycle of violence. Many women are too afraid to take action to protect themselves, but the best recourse against domestic violence is swift legal action.
Our country has come a long way in putting forth protections for victims of domestic abuse, and one of the best legal tools available for such a situation is the domestic violence injunction. In Part I of this two-part blog we will explain what a domestic violence injunction is. Be sure to check out Part II where we will explain the process of obtaining an injunction.
More commonly known as a restraining order, a domestic violence injunction in Florida is a legal document that requires an abuser to cease certain actions, like the abuse itself, as well as to do certain actions, like leave your home and stay a minimum of 500 feet away from you.
Domestic violence injunctions can also give the victim, known as the “petitioner” in the injunction, temporary rights like custody over children. If the abuser violates any of the requirements detailed in the injunction he or she is subject to arrest.
Injunctions are very effective tools for helping victims of domestic violence protect themselves, but please keep in mind that it is only a piece of paper and if you are in any sort of impending danger you should immediately contact the police and get to safety.
In order to be eligible to file for a domestic violence injunction you must fulfill one of two requirements:
- you’ve been the victim of domestic violence
- you have reasonable cause to believe you are in imminent danger of becoming a victim of domestic violence
Furthermore, your abuser must be:
- someone you live with
- someone you lived with in the past
- a spouse
- a former spouse
- a person related by blood or marriage
- a person who is the parent of your child or children, even if you never lived with that person
If you fulfill the above criteria to file for a domestic violence injunction, you can begin the process of actually petitioning the court for this protection. Be sure to check out Part II of this blog where we will detail exactly what you need to do in order to obtain a domestic violence injunction, and please do not hesitate to reach out to the Quick Law Group with any questions and to let us help you get the legal protection you deserve.
