Injunctions for Protection

An injunction for Protection is what most people call restraining orders.  These orders provide restrictions on people who are alleged to have committed acts or threats of violence.  Filing for an injunction can be complicated and confusing.  Particularly since in the State of Florida there are 5 types of restraining orders.  If you file for the incorrect type of injunction, your injunction is likely to be denied and/or dismissed.  The five types of restraining orders that exist in Florida are as follows:  (1)  Domestic Violence; (2) Stalking Violence; (3) Repeat Violence; (4) Sexual Violence; and (5) Dating Violence.  Each type has different requirements. For example, in order to apply for a Domestic Violence injunction the parties must either be spouses, former spouses, or persons related by blood or marriage who are residing or have resided together as a family.  You can also apply for a domestic violence injunction if the parties if you have cohabitated, but are not married or if you have a child in common.  If a random person or a person you know but who does not fit the above options engages in following your or harassing you over time or threatens to do harm on you and you are in a reasonable fear for your safety, you must apply for a stalking violence injunction.  There are many more differences between each of the above reference injunctions.  It is important that when you go to file for an injunction, that you have written down in chronological order from the most recent to the oldest event, the events that have led you to file for an injunction for protection.  By doing so, you are more likely to be include as many events as possible.  If you want to make sure you are filing for the correct injunction, please consult with a Florida licensed attorney.

As always, if you have been a victim of domestic, sexual or dating violence, there are many organizations that provide help, counseling and even shelter.  In Osceola County you can contact Help Now at 407-847-3286; or Harbor House in Orlando at 407-886-2856.   As always the National Domestic Violence Hotline is 1-800-799-7233.  The above referenced organizations are not the only ones available, but are the ones I most often encounter in my family law practice.

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