You’ve probably heard of restraining orders at some point, whether it’s through someone you know who was harassed by someone or you’ve seen it in the movies. In Florida, it’s called an injunction, and it’s an order issued by the court that restricts an individual from contacting another person. The purpose of this court order is to provide emergency protection to the petitioner or victim and prevent any abuse by the other party. A judge may issue an injunction if the petitioner is a present victim of domestic violence or has a legitimate cause to believe that they are in immediate danger of becoming a victim.
While you don’t need an attorney with you to petition for a domestic violence injunction, it’s best to have legal assistance with you in the process. Seeking domestic violence injunctions to protect yourself can be a complicated and emotional procedure, making it crucial to ensure you have the right support system and legal help by your side. That way, you can navigate the petition with a seasoned professional, especially if there are child support issues involved.
Cuándo debe solicitar una orden judicial de protección
There are a few situations where you’ll want to consider seeking an injunction for protection. These include feeling like you are in imminent danger or if you and a family member are being threatened in any shape or form; if the individual subjected you to violent acts; and if you have children you’d like to protect from a family member’s violent actions.
If you believe that your situation closely resembles any of these scenarios, be sure to get in touch with one of our attorneys. We can guide you towards the right path in seeking an injunction to protect you or your loved ones and make sure you are kept safe.
Los tipos de medidas cautelares contra la violencia doméstica
There are a few types of domestic violence injunctions issued under specific headings. One of them is a temporary injunction, which occurs when a court orders a request that lasts during an ongoing trial or until the court takes another action.
Permanent injunctions are issued once the trial has been completed and extend the temporary injunction indefinitely.
Meanwhile, injunctions against dating violence stop violence or threats classified under sexual assault, verbal abuse, mental and emotional abuse, and physical violence in courtship relations.
Qué debe hacer después de presentar una orden judicial por violencia doméstica
Once you’ve filed for a domestic violence injunction and get approval, the outcomes will be effective immediately. One of these is that the individual must leave the residence they shared with you, and must not be within 500 feet of your home, workplace, school, or any place you frequent. They are explicitly prohibited from coming within 100 feet of your vehicle. They may also be banned from seeing your children for weeks and months, and they may lose custody of your child. If they are allowed to see your children, they must do so with supervision and monitoring. They are also not allowed to contact or communicate with you.
However, keep in mind that these restrictions may be temporary or permanent, depending on the judge’s discretion. If you’d like for them to be permanent, be sure to consult with an attorney so you can discuss how to convince the judge that permanent restrictions provide more comprehensive protection.
Filing for an injunction to protect yourself against domestic violence is a necessary step to enjoy the peace and safety you and your children deserve. However, it can be a stressful process, especially if you request it without preparing adequately and the other party is ready with a lawyer. By keeping this guide in mind and working with a reputable attorney, you’ll successfully file for a domestic violence injunction.
Parra Harris Law es una firma boutique de derecho de familia con amplia experiencia en mandatos judiciales por violencia doméstica, manutención infantil, problemas de divorcio en Florida, y muchos más. Nuestros abogados tienen más de 45 años de experiencia combinada, lo que le garantiza una representación legal integral y de alta calidad. ¡Contáctenos hoy para descubrir cómo podemos ayudarlo!