A petition for a domestic violence injunction, sometimes generically known as a restraining order, can be filed by any person or their Clearwater defense attorney, who has been the victim of domestic violence, or has reasonable cause to believe that he or she is in danger of domestic violence.
Under Florida law, acts of domestic violence include any act of:
- Assault or aggravated assault,
- Battery or aggravated battery,
- Sexual assault or battery, and
- Stalking or aggravated stalking,
Which are committed by one family member or relative against another person who is or was living in the same household.
A domestic violence injunction application is a petition by the victim for a court to intervene and define rules or restrictions on matters of interaction, contact, home usage, temporary support, and temporary child custody between the victim and the aggressor.
When the petition is first filed, the court will decide whether or not to grant an “emergency” or temporary injunction. If granted, this injunction will remain valid for a period of 15 days. The court will also schedule a return hearing to consider the facts of the case in more detail.
At the return hearing, the judge may choose to grant a final judgment of injunction, which can last for any length of time set by the court, or indefinitely until it is dissolved.
If a victim believes that the terms of a court-ordered injunction have been violated, he or she may report the violation to law enforcement or file an affidavit with the court. After reviewing the affidavit, the court may choose either to hold a civil hearing about the case or refer it to the state attorney’s office as a criminal violation.
For more information about domestic violence and filing for a domestic violence injunction, contact a Clearwater domestic violence lawyer by calling the Tragos, Sartes & Tragos law firm at 727-441-9030.