What To Do In Cases of Domestic Violence

Unfortunately, more and more cases of domestic violence are cropping up here in Florida. It is important to know what to do if your spouse should become violent. First and foremost, if a violent altercation occurs, or you truly feel that your safety is in danger, call the police. After the police have removed an individual from your home, you should attempt to procure an injunction, either temporary or permanent. The rules regarding Injunctions can be found at Florida Statute Section 741.30.

Temporary Injunction

What Criteria Is Needed In Order to Obtain a Temporary Injunction?

An individual may receive a temporary injunction from a spouse, ex-spouse, or other person living in the same dwelling unit, including the parent of a child in common with the individual pursuant to Florida Statute Section 741.30. In order to obtain this temporary injunction there must have been an assault, battery, sexual assault, stalking, kidnapping or other criminal offense resulting in physical injury or reasonable cause to believe he/she is in imminent danger of becoming the victim of an act of domestic violence and, when it appears to the court that an immediate and present danger of domestic violence exists.

What Happens If a Temporary Injunction Is Granted?

There are many things that can happen once the temporary restraining order is granted. The following are just examples of the relief which may be granted:

• Restrain Respondent from committing any acts of domestic violence against Petitioner or the Petitioner's immediate family;
• Restrain Respondent from abuse, threats, harassment or contact with Petitioner or any member of Petitioner's immediate family;
• Award Petitioner temporary exclusive use and occupancy of the dwelling that the parties share;
• Exclude the Respondent from residence;
• Exclude Respondent from places frequented by the Petitioner and/or named family members;
• Grant Petitioner temporary custody of the minor child(ren) of the parties; and/or
• Order Respondent to temporarily surrender all firearms to the police department which is nearest to his/her home pending further order of the Court.

Permanent Injunction

What is the Criteria to Receive a Permanent Injunction?

A Temporary Injunction, is just that, temporary. If an individual wanted to petition for a permanent injunction, a new hearing is needed and the Court will determine whether there is reasonable cause to believe that there may be domestic violence in the future.

A Petitioner may receive a permanent injunction from the court for an assault, battery, sexual assault or battery, stalking, kidnapping, false imprisonment, or any other criminal offense resulting in physical injury or death must have occurred or when it appears to the court that Petitioner has reasonable cause to believe he/she is in imminent danger of becoming the victim of an act of domestic violence.

In determining whether a Permanent Injunction for Protection Against Domestic or Repeat Violence should be extended, no new violence is necessary. The court may consider the circumstances leading to the imposition of the original injunction, as well as subsequent events which may cause the Petitioner to have continuing reasonable fear that violence is likely to occur in the future. Patterson v. Simonik, 709 So.2d 189 (Fla. 3d DCA 1998).

The following are just examples of the relief which may be granted in a Permanent Injunction for Protection Against Domestic or Repeat Violence:

• Restrain Respondent from committing any acts of domestic violence against Petitioner or the Petitioner's immediate family;
• Restrain Respondent from abuse, threats, harassment or contact with Petitioner or any member of Petitioner's immediate family;
• Award Petitioner exclusive use and occupancy of the dwelling that the parties share (Respondent may be allowed to enter the home, accompanied by police, in order to retrieve items of personal property);
• Exclude Respondent from places frequented by the Petitioner and/or named family members;
• Grant Petitioner custody of the minor child(ren) of the parties (See, F.S. Sec. 61.13(2)(b)(2)); and/or
• Award or prohibit visitation rights with the minor child(ren) of the parties, or limit visitation to that which is supervised by a third party.

For more information about obtaining a Florida Injunction, see: http://orangeclerk.onetgov.net/help/injunction.shtml