Our Broward County Domestic Violence Lawyer Explains How Restraining Orders Provide Protection
If you are facing domestic violence charges in Florida, an injunction for protection against domestic violence may have already been filed against you. Also known as a restraining order, this court order is intended to protect alleged victims by prohibiting contact with the person who filed the injunction. Violating the terms of the injunction can result in your arrest and additional criminal charges.
At the Law Offices of Dave L. Simmons, P.A., our experienced Broward County domestic violence lawyer understands the stress and uncertainty you may be feeling. Let us explain how Florida's laws on injunctions for protection against domestic violence work and how we can help protect your rights.
Who Can File for an Injunction?
Under Section 741.30 of the Florida Statutes, any person who has reasonable cause to believe they are in imminent danger of becoming a victim of domestic violence can file a petition for an injunction. This includes:
- Spouses and former spouses. Married couples and those who have previously been married can seek injunctions against each other.
- Family members. Injunctions can be filed against parents, children, siblings, grandparents, and those related by blood or marriage.
- Household members. Those who currently live together or have previously lived together as if they were a family can petition for injunctions, even if not related by blood or marriage.
- Co-parents. Individuals with a child in common can seek injunctions, regardless of whether they have been married or lived together.
What Does an Injunction Include?
An injunction for protection against domestic violence can contain several provisions designed to keep the petitioner safe, such as:
- No contact orders. The respondent (alleged abuser) is prohibited from contacting the petitioner in person, by phone, mail, email, text, or through a third party.
- Stay away orders. The respondent must stay a certain distance away from the petitioner's home, workplace, school, and other specified locations.
- Exclusive use of a shared home. If the petitioner and respondent live together, the court may grant the petitioner exclusive use and possession of the home.
- Temporary child custody. If the parties have children together, the court can award the petitioner temporary custody and establish a visitation schedule for the respondent.
- Surrender of firearms. The respondent may be required to surrender any firearms and ammunition in their possession to law enforcement.
How Long Does an Injunction Last?
When someone first files for an injunction, the court may issue a temporary injunction ex parte (without notice to the respondent) if it appears there is an immediate and present danger of domestic violence. This temporary injunction typically lasts 15 days.
Within those 15 days, the court will schedule a hearing where both parties can present evidence and testimony. At this hearing, the judge will decide whether to issue a final injunction. A final injunction can remain in effect indefinitely, or the judge may set an expiration date.
What Happens if an Injunction Is Violated?
Violating an injunction for protection against domestic violence is a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine. Certain violations can be charged as third-degree felonies, such as:
- Violating the injunction while possessing a firearm or ammunition
- Violating the injunction a second or subsequent time
- Violating the injunction while simultaneously committing another crime against the petitioner
If you are arrested for violating an injunction, it's crucial to contact a knowledgeable Broward County domestic violence attorney right away. Your lawyer can help you understand the charges against you and develop a strong defense strategy.
Protecting Your Rights When Facing an Injunction
At the Law Offices of Dave L. Simmons, P.A., we know that injunctions are sometimes filed based on false allegations or exaggerated claims. If you believe an injunction has been wrongfully filed against you, we can help you gather evidence to challenge the accusations and protect your rights.
Even if you do not contest the injunction, our skilled legal team will ensure you understand its terms and work to establish a fair visitation schedule if you share children with the petitioner. We are committed to helping our clients navigate this difficult time while providing the aggressive defense representation needed to fight domestic violence charges.
If you have been served with an injunction for protection against domestic violence in Broward County, don't wait to seek legal guidance. We're here to protect your rights and help you move forward.