Detention Against Domestic Violence

An injunction for defense against domestic violence, also called a restraining order is a court document that orders the abuser to stop doing certain acts such as abusing you, contacting you or coming near you. It can also give you certain rights, such as, temporary custody of your children. If you have an injunction, and the abuser violates it, the police may arrest him or her for the violation.

The Florida law is specific as to who may apply for these injunctions and the procedures that are to be followed when applying for them. A “family or household member” who is the victim of domestic violence or who has “reasonable cause” to believe that he or she is in immediate danger of becoming the victim of domestic violence may file for an injunction

“Family or household member” includes individuals who are or were spouses, or persons related by blood or marriage. The definition includes people who were residing together in home as if they were family or individuals who have children together. Part of the petition for an injunction for protection against domestic violence requires the person seeking the injunction to describe the nature of the relationship between you and the abuser. This does not necessarily mean that the victim and the aggressor were married, except in cases where the parties have a child in common. If this is the case, the two individuals must be either residing together presently or must have resided together in the past. Next, the person must be a victim of domestic violence or one who has reasonable cause to believe he or she is in immediate danger of becoming a victim of domestic violence. Actions of domestic violence can be any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, or any other criminal offense that causes physical injury or death of a family or household member and is brought about by another family or household member.

This also includes actions such

As soon as you file your petition, the clerk will immediately give your petition to the judge to review. If the judge decides that you and your loved ones are in immediate danger of domestic violence, the judge will grant the temporary injunction. You will not have to testify and the abuser does not need to be pre sent for this ruling. The judge will make the decision based only on the information in your petition so you should take the time to carefully fill out the petition application. The temporary injunction stays in effect only for a certain number of days, and won 't last longer than 15 days. Before the fixed time period ends, there will be an in depth hearing to decide whether to give you a final