Obtaining a court order for protection against domestic or repeated violence

If you are the victim or have been notified that you are the respondent in a domestic violence or repeated violence petition, it is important that you immediately contact an experienced criminal defense or family law attorney who is familiar with domestic violence or court orders of repeated violence.

As a criminal defense and family law attorney in Fort Lauderdale, I often receive questions about how a person would seek to obtain a court order for protection from domestic or repeated violence. I created this “cheat sheet” for my clients to understand the requirements necessary to obtain such injunctions.

To obtain a court order, a person (with or without the help of a criminal defense or family law attorney) must first complete a detailed petition that cites the reasons for seeking a court order. The petition can often be found online through the website of the local clerk of courts. The person requesting the precautionary measure is the PETITIONER. The person who allegedly committed the act of violence is the RESPONDENT. The petitioner may also receive the petition in the county courthouse. As long as the petitioner is not in immediate danger, he would encourage the petitioner to collect her thoughts and create a detailed summary of any acts of violence committed by the respondent during their relationship before filing the petition. Keep in mind that the petitioner can always modify her petition at a later time. Court staff are always available to help the petitioner write her petition. Most courts will provide interpreters, if needed.

The Judge on Duty (Judge on duty) will review the petition and determine if it has sufficient legal basis (“solid and clear evidence”) to issue an ex parte Order issuing an injunction against the respondent. The Judge on duty will base his decision on the criteria listed below. Whenever the judge issues a temporary court order, the local sheriff’s office will attempt to serve the defendant with such notice. Upon receipt of the temporary order, the respondent will not be permitted to have direct or indirect contact with the petitioner unless the Court modifies (or removes) the Order. Indirect contact includes contact by third parties and correspondence via email and text messages. The court order provides the petitioner with “protection” against the defendant until the next court hearing, usually within 14 days of the order being issued. At that time, the respondent may choose to defend against the charges in the petition and ask the Court to remove the Order. Both parties may try to retain a criminal defense or family law attorney to represent their interests at such hearings.

At the Court hearing, a judge will determine whether to modify or remove the temporary order after hearing testimony from the Petitioner, Respondent, and relevant witnesses. The Court may choose to amend the Order from a temporary injunction to a permanent injunction depending on the seriousness of the facts.

In Florida, a petitioner is entitled to obtain a court order for protection against violence if they fit into one of the following four categories:

Florida Statute 741.30 – Domestic Violence

“Domestic Violence” means any assault, aggravated assault, battery, aggravated assault, sexual assault, sexual assault, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense that results in physical injury or death to a member of family or home for another. family or household member.

The family or household member includes: a spouse; a former spouse; a relative by blood or marriage who currently lives with the petitioner or who lived with the petitioner in the past; anyone who lives with the petitioner in the same home as a family unit; or anyone with whom the petitioner has a child, regardless of whether the petitioner lives with the respondent.

The petitioner must show by substantial competent evidence that he or she was a victim of domestic violence OR has reason to believe that he or she is in imminent danger or is becoming a victim of domestic violence.

Florida Statute 784.046 – Repeated Violence

Petitioner shall demonstrate by substantial competent evidence that they were a victim of: ONE (1) incident of stalking or TWO (2) incidents of assault, battery, or sexual assault, one of which must have occurred within the last six months. Anyone may be eligible to obtain an injunction against repeated violence.

Florida Statute 784.046 – Dating Violence

“Dating Violence” means any assault, aggravated assault, battery, aggravated assault, sexual assault, sexual assault, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death.

Dating violence means violence between people who have, or have had, an ongoing and significant romantic or intimate relationship. The relationship must have existed within the past six months, be characterized by the expectation of affection or sexual involvement, and the frequency (amount) and type of interaction must have included people being involved over time and on an ongoing basis during the course of the relationship. It is not considered “dating violence” in cases where the contact between the two people was “casual” or “ordinary.”

The petitioner will have to show by substantial competent evidence that he/she was a victim of dating violence AND has reason to believe that he/she is in imminent danger of becoming a victim of another act of dating violence OR the petition has reason to believe that he/she/she is in imminent danger of becoming a victim of dating violence.

Florida Statute 784.046 – Sexual Violence

Sexual violence means ANY incident of sexual assault; a lascivious and lascivious act, committed on or in the presence of a person under 16 years of age; lure or seduce a child; sexual performance of a child; Or any other felony forcible offense in which a sexual act is committed or attempted, regardless of whether the State’s Attorney filed, reduced, or dismissed criminal charges based on the incident.

The petitioner will need to show that he/she is a person who is a victim of sexual violence or the parent and local guardian of a minor child living in the home who is a victim of sexual violence AND has reported the incident to the police. And she is cooperating in any criminal proceedings against the defendant. Alternatively, the Petitioner may show that the Defendant who committed the sexual violence against him or her minor child was sentenced to a term of imprisonment in a state prison for the sexual violence AND the Defendant’s term of imprisonment has expired OR will expire within 90 days.

If you are the victim (petitioner) or received notice that you are charged with domestic violence or repeated violence (respondent), you should immediately contact an experienced criminal or family law attorney to review your case.

The information on this article site was developed by Lyons, Snyder & Collin, PA for informational purposes only and should not be considered legal advice. Transmission and receipt of information in this article does not form or constitute an attorney-client relationship with Lyons, Snyder & Collin. Persons receiving the information in this article should not act on the information provided without seeking professional legal advice.