An injunction, also commonly referred to as a restraining order, is a method of keeping people safe. Usually, it is a document granted by the court when there is a history of violence between two people. If a person feels threatened, or that their life is at stake, they may file an injunction that would keep the aggressor from coming near them. These bans are often sought by victims of domestic or sexual abuse, but there are numerous reasons to prohibit an individual from harassing someone.
In Florida, there are various types of civil injunctions that can protect victims from their abusers. The court can decide on one of five reasons to create the mandate.
When there is a history of domestic violence between a married couple, domestic partnership, or family members in the same household, the perpetrator gets a restraining order placed against them. Any assault, battery, or imprisonment is grounds for requesting an injunction. A person who is abused by someone in their household can initially seek a temporary restraining order from the court.
A repeat violence injunction differs from a domestic violence one because it protects the victim from an abuser who is not a family member or a member of their household. Granted to a person who is the victim of stalking or harassment when there have been two or more acts of aggression, this type of injunction will protect them from further violence. The action must have been committed within the past six months.
An injunction for dating violence is similar to that for domestic violence. A judge gives this ruling when a person has been victim to abuse by a significant other with whom they have had a relationship with for at least six months. A person can obtain this injunction if they fear they are in imminent danger.
If a person has been a victim of sexual violence, regardless of whether they are in a relationship with that individual, they can obtain a sexual violence injunction. Those asking the court for this writ range from adults escaping destructive relationships to minor children who were victimized in their own home. To get this type of protective order, the state of Florida requires a police report of the incident.
A person who is the victim of stalking or cyberstalking can also get an injunction. It protects the individual from harassment that causes emotional distress whether in person or online. Situations considered harassment include property destruction, threats, deliberately harming a pet, and more.
Our team of Orlando injunction lawyers at the Fighter Law Firm has experience helping victims obtain injunctions and aiding alleged perpetrators clear their name and can do the same for you. Our office may be located in Orlando, but we are passionate about fighting for the rights of those throughout Orange County and Seminole County. Injunctions are serious matters and it is vital that you have knowledgeable legal representation regardless of the side of the case you’re on. Contact us today at (407) 344-4837 for a free consultation.
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