Domestic Violence Injunction

Family Lawyer

It is important to consult with an experienced family law attorney before filing an injunction to determine the impact on your family law case. A domestic violence injunction, also called a DVI or restraining order, can effect a person is both a family law case and expose a person to potential criminal sanctions. I am different from most family lawyers because I am also Board Certified criminal lawyer. I can help defend any criminal allegations of domestic violence while also helping you with your family law case.

Most people don?t realize that in Florida, there are actually four different types of injunctions or restraining orders that can be filed. Each has their own special requirements and purposes. Often, people mistakenly file the wrong type. The four types are a Domestic Violence Injunction, Repeat Violence Injunction, Dating Violence Injunction, and Sexual Violence Injunction.

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An Injunction for Protection Against Domestic Violence is the most commonly filed restraining order. There are two different ways of obtaining a domestic violence injunction. One way is by showing that the person is a victim of domestic violence which means any assault, battery, or stalking, on a family or household member. The other way is by showing that the person requesting the injunction has a

reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence. If a person has an unreasonable fear of the other person, an injunction can?t be granted. Also, the fear of danger must be imminent. In other words, if a husband is in New York and makes a threat to hit his wife who is in Florida, the restraining order would be denied because the

threat isn?t imminent.

Either way, a domestic violence injunction requires both parties to be members of the same family or household. This means spouses, former spouses, those related by blood or marriage, and those who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless

of whether they have been married. With the exception of persons who have a child in common, the ?family or household members? must be currently residing or have in the past resided together in the same home.

An Injunction Against Repeat Violence is designed to protect those who are not able to get protection under a domestic violence injunction. While a domestic violence injunction

requires the two parties to be members of the same family or household, an injunction against repeat violence does not. ?Repeat violence? means two incidents of violence or stalking, one of which must have been within 6 months of the filing of the petition, which are directed against the person requesting the injunction or against that person?s immediate family member. The person requesting

the injunction cannot get this injunction based upon a mere reasonable fear.

An Injunction Against Dating Violence helps victims of violence who can?t obtain a domestic violence injunction because they don?t live in the same household, and can?t obtain an injunction against repeat violence, because there is only one violent act. The violence can?t be between individuals who only have

engaged in an ordinary business or social context, or between mere acquaintances. Instead, the parties must have been engaged in a romantic intimate relationship within 6 months prior to the violence act.

A victim of a sexual crime can file a Sexual Violence Injunction. A victim can only file for a sexual violence injunction if they reported the crime and are cooperating with law enforcement, or if the person who committed the sexual violence was sentenced to prison and the term of imprisonment is due to expire within ninety (90) days. This prevents rape victims from being stalked once the

rapist is released from jail.