Restraining Order Representation in Florida
Defender Donahue Law PLLC represents clients filing or defending injunction actions, also known as restraining orders. If you are facing a restraining order in Palm Beach County, contact me, Patrick C. Donahue, Esq. to discuss the facts of your particular case. To schedule a free and confidential consultation, call my cell phone (561) 888-0113, send me an email Patrick@DefenderD.com, or use our Contact Form.
Why should I hire Defender Donahue Law PLLC for my Florida Injunction?
Whether you are a victim seeking an injunction, or you have been served with an injunction, hiring an attorney may be in your best interest. While injunction hearings are in civil court, the possible repercussions of an injunction are similar to the consequences of a criminal case. There is a lot at stake in these types of cases, so it is important that you carefully contemplate hiring an attorney. Patrick C. Donahue, Esq. can help you navigate the injunction process and defend you in this highly emotional situation.
What is an injunction?
An injunction is a court order sometimes called a “restraining order” that directs a person not to have any contact with another person. This could include staying a certain distance away from the person, their home, their workplace, and may also prohibit any kind of contact. The person making this request to the court is called the petitioner. The person whom they are asking the court to protect them from is called the respondent.
What types of injunctions are available?
There are five (5) kinds of civil injunction petitions that can be filed with the Clerk of Court:
- Domestic Violence
- Dating Violence
- Repeat Violence
- Sexual Violence
- Stalking
What is an injunction for protection against domestic violence?
An injunction for protection against domestic violence is when the petitioner asks the court for a protective order prohibiting domestic violence.
Who can request an injunction for protection against domestic violence?
This type of injunction can only be requested by a petitioner who must show that he or she is a victim of domestic violence or reasonably believes that he or she is in immediate danger of becoming a victim. The petitioner and respondent must be family or household members who are or were living together in the same, single dwelling unit. unless they have a child together. However, if the parties have a child together, they do not have to have been married or lived together.
What is considered domestic violence in Florida?
Domestic violence includes: assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any other criminal offense resulting in physical injury or death to petitioner by any of petitioner’s family or household members.
What can happen if a Judge grants an injunction for protection against domestic violence?
If granted, the injunction protects adults from violence or contact, and the terms of the injunction may include the parties children. The petitioner may be allowed to live in shared dwelling while respondent must leave. This means the respondent may be barred from their home if they own it with the petitioner. The Judge may grant the petitioner custody of the children 100% of the time on a temporary basis. The Judge may order the respondent to pay support to the petitioner and/or children on a temporary basis. If a temporary injunction is granted, it may require respondent to surrender guns and ammunition. If a permanent injunction is granted, it must require respondent to surrender guns and ammunition. The Judge may also order the Respondent to attend a Batterers’ Intervention Program (BIP).
What is an injunction for protection against dating violence?
An injunction for protection against dating violence is when the petitioner asks the court for a protective order prohibiting dating violence.
Who can request an injunction for protection against dating violence?
This type of injunction can only be requested by a petitioner who must show that he or she is a victim of dating violence and has reasonable fear he or she is in immediate danger of become a victim again OR reasonably believes that he or she is in immediate danger of becoming a victim of dating violence. There must be a dating relationship within the past 6 months. The dating relationship must have an expectation of affection, or sexual involvement between the parties, and the frequency and type of interaction must have included that the persons have been involved over time and on a continuous basis during the course of the relationship. Dating violence does not include violence in a casual relationship. The injunction can be requested by the victim, or the parent or guardian of a victim who is a minor child living in their home.
What is considered dating violence in Florida?
Dating violence includes assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death.
What can happen if a Judge grants an injunction for protection against dating violence?
If granted, the injunction protects adults from further violence or contact. The respondent may be ordered to surrender guns and ammunition.
What is an injunction for protection against repeat violence?
An injunction for protection against repeat violence is when the petitioner asks the court for a protective order prohibiting repeat violence.
A victim of repeat violence or a member of their immediate family can ask the court for a protective order prohibiting repeat violence.
Repeat violence means that two incidents of violence have been committed against you or a member of your immediate family by another person, one of which must have been within 6 months of filing this petition.
Who can request an injunction for protection against repeat violence?
This type of injunction can only be requested by a petitioner who must show that there was at least two incidents of violence or stalking by respondent on petitioner or an immediate family member. One of these incidents must be within past 6 months. The petitioner must fear repeat violence by respondent. The injunction can be requested by the victim, or the parent or guardian of a victim who is a minor child living in their home.
What is considered repeat violence in Florida?
Repeat violence includes assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death.
What can happen if a Judge grants an injunction for protection against repeat violence?
If granted, the injunction protects adults from further violence or contact. The respondent may be ordered to surrender guns and ammunition.
What is an injunction for protection against sexual violence?
An injunction for protection against dating violence is when the petitioner asks the court for a protective order prohibiting sexual violence.
Who can request an injunction for protection against sexual violence?
This type of injunction can only be requested by a petitioner who must show that they reported the sexual violence to a law enforcement agency and be cooperating in the criminal proceeding if there is one. It does not matter whether criminal charges based on the sexual violence have been filed, reduced, or dismissed by the state attorney’s office. The petitioner may also seek an injunction for protection against sexual violence if the respondent was sent to prison for committing one of the sexual violence crimes listed above against the petitioner or the petitioner’s minor child living at home and respondent is out of prison or is getting out of prison within 90 days of the petition. The injunction can be requested by the victim, or the parent or guardian of a victim who is a minor child living in their home.
What is considered sexual violence in Florida?
Sexual violence means any one incident of: sexual battery, a lewd or lascivious act committed upon or in the presence of a person younger than 16 years of age; luring or enticing a child, sexual performance by a child, or any other forcible felony wherein a sexual act is committed or attempted.
What can happen if a Judge grants an injunction for protection against sexual violence?
If granted, the injunction protects adults and minor children from further violence or contact. The respondent may be ordered to surrender guns and ammunition.
What is an injunction for protection against stalking?
An injunction for protection against stalking is when the petitioner asks the court for a protective order prohibiting stalking.
Who can request an injunction for protection against stalking?
This type of injunction can only be requested by a petitioner who must show at least two incidents of stalking or cyberstalking. The injunction can be requested by the victim, or the parent or guardian of a victim who is a minor child living in their home.
What is considered stalking in Florida?
Stalking means the repeated following, harassment, or cyberstalking of one person by another. Stalking must be repeated over time.
What is considered cyberstalking in Florida?
Cyberstalking means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.
What can happen if a Judge grants an injunction for protection against stalking violence?
If granted, the injunction protects adults and minor children from further stalking or cyberstalking. If a temporary injunction is granted, it may require respondent to surrender guns and ammunition. If a permanent injunction is granted, it must require respondent to surrender guns and ammunition.
What are the steps to getting an injunction?
- Fill out a Petition for Injunction. The petition must be sworn. This means signed in front of a notary or court clerk.
- File the Petition for Injunction.
- The Clerk will submit the petition to a judge for review.
- The judge will review the petition. This is called “Judicial Review.” The Judge can do one of 3 things:
- (1). Grant a temporary injunction that protects the petitioner until the date of a final hearing. Final hearing will be in 15 days, unless extended by order of the court.
- (2). Deny a temporary injunction, but set a final hearing to decide if a final injunction will be granted.
- (3). Deny or dismiss the temporary injunction and the petition, without setting a hearing. The Judge must specify why it was denied. If the petition was dismissed without a hearing, the petition will be made confidential.
What happens if the Judge denies the injunction?
If the Judge denies the petitioner’s petition without prejudice, then they can file it again in the future if something changes, or they may need to correct any errors that caused the denial. They may also also file a “Supplemental Affidavit in Support of Petition for Injunction.”
What happens if the Judge sets the injunction for a hearing?
If the Judge sets the hearing, the petitioner must attend. If the petitioner does not attend, the Judge may deny or dismiss the petition or may make orders in their absence. At the hearing the Judge may ask questions about the petition. The other party may be present. Each side may bring any witnesses or evidence for the Judge to consider. Only an attorney can address the court on a parties behalf.
How can I Respond to or Contest a Petition for Injunction?
The respondent can file an answer to the petition prior to hearing. They may hire and bring an attorney to represent them at the hearing. The respondent cannot ask for an Injunction for Protection against the Petitioner in the answer or by showing up at the final hearing. If the respondent is also a victim, they must file their own Petition for Injunction for Protection against them.
