Dating Violence Injunction in Florida
If you believe that you are the victim of dating violence in Florida, you have the right to seek protection from the courts. An injunction is a court order signed by a judge that is served and enforced by law enforcement. You must present your argument to the court; this isn’t as easy as it may seem. It’s important to work with a knowledgeable dating violence injunctions lawyer to present persuading evidence and make a strong case.
Understanding Dating Violence in Florida
Victims of dating violence in Florida can file an injunction for protection against dating violence. Dating violence is described as violence between two individuals who have or have had a “continuing and significant relationship of a romantic or intimate nature.” Victims of dating violence or the parents of victims under 18 years old have standing to file this type of injunction under §784.046 of the 2018 Florida Statutes so long as they meet certain requirements.
As the petitioner in a dating violence case, you must show the court that:
- You have been the victim of violence or have a reasonable belief that violence is imminent
- A dating relationship exists between you (the petitioner) and your dating partner (the respondent)
When considering your case, the court will look for three factors to determine whether a dating relationship exists:
- A relationship existed within the past six months
- A relationship existed in which there was the expectation of affection or sexual involvement
- The frequency and type of interaction during the relationship
Your attorney will gather the needed evidence to show that there was a relationship of a romantic or intimate nature between you and the respondent to ensure the best possible chance of receiving the injunction. Attorneys with The Fighter Law Firm are strong advocates for victims empower victims to exercise their rights. An injunction lawyer like Thomas Feiter will ensure that you take all the right steps toward securing your safety through the courts.
Here is a Dating Violence Fillable Petition/Form
If you are trying to get a dating violence injunction, you can fill out this form and file it with the local clerk of court – or you can call us and we can help fill it out and file it for you to save you a trip to the courthouse and possibly filling out the form incorrectly. Usually, having an attorney help you with this form will give you a better chance of getting a temporary and final injunction.
False Accusation of Dating Violence
As a respondent to an injunction for protection in Florida, you stand to experience many negative effects. It’s important to know the following about injunctions:
- They can never be sealed or expunged from your record
- They are public record, meaning anyone can find them
- Your employer will see the injunction and it may influence employment decisions
- They typically strain your relationship with your family
- They may harm your reputation and relationships with friends and other members of the community
As a respondent, you need an attorney to fight against the injunction against you. Initially, a judge may grant a temporary injunction for protection without a word from you. By the time the injunction hearing takes place to set a permanent injunction, you will need representation to preserve your image and avoid stigma.
What Can Happen To Me If I Violate a Florida Dating Violence Injunction?
The Florida Legislature passed a law, which details exactly what the consequences are for someone who violates a dating violence injunction. As an example, a person who decides to violate an injunction for protection against dating violence, is committing a first-degree misdemeanor. If that person has been convicted for violating an injunction against dating violence twice before, and who subsequently commits a violation of any injunction against the same person, commits a felony of the third degree.
You may also be ordered to pay damages to the person who suffers an injury and/or loss as a result of the violation of the dating violence injunction. Damages include costs and attorneys’ fees for enforcement of the injunction.
Dating Violence Injunction Lawyers in Florida
The Fighter Law Firm helps petitioners and respondents seek the best outcome possible in their dating violence cases. You have the right to legal representation whether you are a victim of dating violence or being accused of it. Exercise your rights by working with our firm.Attorney Thomas Feiter has been named the Florida Bar’s Board Certified Lawyer of the Year in 2015 and is one of few attorneys in the area who is Board Certified in Criminal Trial Law by the Florida Bar and an AV Rated Preeminent Lawyer. Speak to him about your case with a free consultation when you call (407) FIGHTER (344-4837) or complete our contact form.