Injunction for Protection Against Domestic Violence
An Injunction for Protection Against Domestic Violence, commonly referred to as a “restraining order,” is a temporary court order issued to prohibit an individual from carrying out a particular action, especially approaching or contacting a specified person. The restraining order prevents the abuser from coming into contact with the petitioner and offers certain protections and allows for consequences if the abuser violates the order. Even though a domestic violence injunction is a non-criminal procedure, violations of the order will probably result in criminal charges.
There must be sufficient reason to request an Injunction for Domestic Violence such as assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death.
The Judge must believe that an immediate and present danger of domestic violence exists in order to grant a Temporary Injunction which can:
- restrain the violator from committing any acts of domestic violence;
- restrain the violator from further contact with you, whether direct or indirect;
- award you temporary exclusive use of the home;
- restrain the violator from going to your home, work place or other specified place;
- award you temporary custody of your child(ren);
- establish temporary child support for minor child(ren), if the violator has a legal obligation to do so;
- order the violator to participate in counseling.
Although you do not need to have a lawyer to obtain an Injunction for Protection Against Domestic Violence, you may want to consult with an attorney for help with filing the order to ensure that it is done correctly and details relevant to your order are included that might make it more likely to be granted by the court.
At D’Lugo and DeFlora, P.A. we care for your family and want to help. Our Family Law areas of practice include divorce and separate maintenance proceedings; child custody, visitation and support; alimony and spousal maintenance; prenuptial and post nuptial agreements; modification of child support, custody and alimony; legitimation and paternity; restraining and protective orders; grandparents and third-party custody/visitation; appeals; post-divorce issues, such as contempt actions.
Call us for a consultation today at 407.870.5551 or online at www.KissimmeeFamilyLaw.com.