Can I protect children with a domestic violence injunction?
Yes, Florida law does permit a domestic violence injunction to include minor children. Therefore, the injunction can prevent the aggressor from contacting the adult victim and minor children.
How do I prevent a domestic violence injunction?
If you have been accused of domestic violence, you should contact an attorney for assistance. Failure to provide sufficient evidence in defense will typically result in the injunction being granted.
Do we have to be married for a domestic violence injunction in Florida?
No, you do not have to be married for a domestic violence injunction in Florida. If you reside together or share children, you may be eligible to receive an injunction for protection against domestic violence.
What is domestic violence in Florida?
Under Florida law, domestic violence is any assault, battery, stalking, false imprisonment, or criminal offense that results in the physical injury or death of a member of the family or household.
Does there need to be violence for a domestic violence injunction?
Violence is not necessary. A person may obtain an injunction for protection against domestic violence if they are a victim of domestic violence or if they have reasonable cause to believe they are in imminent danger of domestic violence.
What is a Domestic Violence Injunction?
The injunction is a court order restricting the abuser from having contact with the victim. If the parties live together, the injunction can require the abuser to immediately leave the home.
Can I file for divorce with a domestic violence injunction?
Yes, Florida law does not prevent you from also filing a divorce case. Most likely, the injunction and divorce will be assigned different case numbers, but they can proceed simultaneously.
