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Preserving a Domestic Violence Injunction in Florida

Preserving a Domestic Violence Injunction in Florida

More commonly known as a restraining order, an injunction is a special type of court order that protects you from another person’s physical violence. In divorce cases, the most common reason for requesting an injunction is domestic violence, or the sustained physical, sexual, and emotional abuse of a partner.

Whether you’ve already secured a permanent injunction against your ex-spouse or still need to start the filing process, our compassionate domestic violence lawyers at Owenby Law, P.A. are committed to keeping you safe from any further harm. Because we can handle both civil and criminal matters, we are uniquely positioned to help you secure a restraining order – and ensure that your action is enforced and supported by the court.

What Is a Domestic Violence Injunction?

In order to secure a domestic violence injunction against your spouse or partner, you’ll need to show evidence that your relationship with the person can be classified as “familial,” whether that means living together as a couple, or having some other relationship by blood or marriage. Otherwise, you would need to file for a different type of injunction, such as dating violence.

One thing is consistent across all types of injunctions, however. If someone has been violent towards you and continually puts you in fear of physical or sexual violence, you have the right to bar them from coming near you or your loved ones again.

Filing Your Petition for Injunction

Typically, you’ll need to start by requesting a Temporary Injunction for Protection, which will go into effect before the formal hearing for your permanent injunction. You can file at any time, including during a divorce case, but injunction hearings must always start within 15 days of the judge’s decision.

The judge also doesn’t have to grant a temporary injunction against your spouse or partner, and can decide to enter their decision as “Order Setting Hearing Only,” which means you will be unprotected before the official hearing. This is why it’s critical to speak with a seasoned attorney, and begin gathering evidence of abuse long before the hearing starts: It will increase your likelihood of securing a temporary domestic violence injunction and buying time to protect yourself.

Preserving a Permanent Domestic Violence Injunction

After the hearing, the judge may decide to grant you with a permanent injunction, which can either continue indefinitely or have a set end date in the future, depending on the details of your case. In addition to length variations, there are also variations in the specific terms of each domestic violence injunction.

Of course, even after the judge has issued a permanent injunction against your abuser, they could attempt to dissolve the order at any point. If you need to extend the lifespan of an injunction, enforce the order, or prevent your abuser from moving for dissolution, you should consider speaking with experienced legal counsel.

Having our team of attorneys on your side will give you the confidence and the protection you deserve during this difficult time. Offering over 125 years of combined experience, personalized representation, and a history of powerful advocacy, Owenby Law, P.A. is ready to help you preserve your civil injunction.

To schedule a free, 30-minute initial consultation, call (904) 770-3141 today.
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