Injunctions for Protection

WHAT IS AN INJUNCTION?

You have the right to file a petition to ask the court to issue an injunction to protect you against violence. The injunction process is a civil court process and is not a part of a criminal court proceeding. An injunction is different than a criminal “no-contact” order. An injunction is a court order against another person who has been physically violent with you and/or has placed you in fear of physical violence. The purpose is to require him or her to stay away from your home, your car, your place of employment, and other places the court finds necessary. Also, injunctions can order the other person not to contact you by phone, in writing, by email, or in person. Injunctions can include other relief that the court feels is appropriate.

WHICH ONE DO I CHOOSE?

There are four kinds of civil injunctions: domestic violence, sexual violence, dating violence, and repeat violence. There are different requirements for each type of injunction. The type of injunction that you can file depends on your relationship with the other person and what has happened. If you are under 18 years old, ask the court clerk about an adult filing on your behalf.

Domestic Violence

Do you now or have you in the past lived with the other person as if a “family”?

OR

Do you and the other person have a child together?

“Family” includes people who you are related to by blood or marriage; spouses, ex-spouses, parents, grandparents, aunts, uncles; parties intimately involved and living together but never married; adopted children; step-parents and stepchildren, and others.

If you answered yes to either of these domestic violence questions, then you can file a petition for an injunction for protection against domestic violence.

Sexual Violence

A sexual violence injunction may be filed if the situation does not meet the criteria for a domestic violence injunction, and the other person committed one of the following acts: sexual battery defined by Chapter 794, lewd and lascivious act upon or in the presence of a child younger than 16, lured or enticed a child as described in chapter 787, required a child to sexually perform as in Chapter 827, or committed any forcible felony wherein a sexual act was committed or attempted.

If the other person did commit one of these listed acts, you must have reported the sexual violence to law enforcement and be cooperating with any criminal proceeding to file for this kind of injunction. You can also file a sexual violence injunction if the other person has been in prison for the sexual violence and the term of imprisonment is getting ready to expire within ninety days.

Dating Violence

Have you and the other person dated each other in the last six months?

Did you have an expectation of affection or sexual involvement with the other person?

Did you interact with the other person on a frequent and continuous basis during the relationship?

If you answered YES to ALL of these questions about dating, and violence occurred between you and the other person, then you can file a petition for an injunction for protection against dating violence.

Repeat Violence

If your answers to the questions about the other kinds of injunctions for domestic, sexual, and dating violence petitions are “NO”, then you can file a petition for an injunction against repeat violence. This petition would be used for neighbors, coworkers, students, relatives who have never lived together, etc. For this type of injunction, there must have been two incidents of physical violence, threats of violence, or stalking, and one of these must have occurred in the last six months.

WHAT DO I DO WITH THE PACKET?

If you can afford an attorney or if legal aid is available, it is always best to get legal assistance. If you cannot get an attorney, you can contact a victim advocacy agency to help you fill out the forms. A list of domestic violence centers in your area is available in the clerks’ office or at www.myflfamilies.com. Or, you can file these papers on your own. Read the instructions carefully and complete all sections of the forms with all of information that you can provide.

For any injunction, in the section where you explain what has happened, you may want to include all examples of what the other person has done to you: scratching, punching, biting, kicking, throwing things at you, pulling hair, burning you, pushing, using a weapon, slapping, shoving, strangling, rape, marital rape, unwanted kissing or touching, unwanted rough or violent sexual activity, pinning you down, destroying property, keeping you from leaving or from calling law enforcement, threats to hurt you, harassment, following you, threats to or causing harm to a pet, causing you injury in any way, or threats to commit suicide.

It is important to include dates and locations of all violent incidents or threats of violence. List all of the places that the other person may be, so that law enforcement can serve him or her. Also, try to write neatly or type the petition so that the judge can read it.

Include all the information that you have about other court cases involving you and the other party. Also include relevant financial information, information about the children, and information about the respondent, including where he or she can be located to be served with a copy. You may also include pictures and any other documents you may have that would explain to the court why you need an injunction. After you complete the forms, submit them to the clerk’s office. You will sign under oath that all information you provided is true and correct.

The other person will get a copy of everything that you write in the petition and all of the court papers. You should contact a victim advocate and have a safety plan.

WHAT HAPPENS NEXT?

Three things can happen after you file the petition:

1. The judge can enter a Temporary Injunction for Protection. This order will only be in effect until the hearing, which cannot be more than 15 days away. Read it carefully. The other person will be served with a copy. If the other person contacts you before the hearing, report it to law enforcement.
2. The judge can enter an Order Setting Hearing Only. This means that there is no injunction in effect until the hearing. The other person will be served with a copy.
3. The judge can deny the petition and should give reasons in writing why the petition was denied. The other person will not be served with a copy. You can file a supplemental petition and add any other information that you think may have been left out the first time or that may make a difference in the decision.

WHAT ARE THE CONSEQUENCES OF A FINAL INJUNCTION FOR PROTECTION FOR THE OTHER PARTY?

• The ability to purchase and possess weapons and ammunition is affected.
• The final injunction is enforceable in 50 states.
• The final injunction may require the other party to leave a shared residence, restrict and limit time-sharing with minor children, and/or require payment of support.
• It may also require the other party to attend and complete a Certified Batterers’ Intervention Program.
• The other party’s employment applications or status may be affected, especially in certain fields where it is required to use weapons for work.
• Professional licenses may be affected.
• Admission into the military, schools, colleges, or universities may be affected.

WHAT DO I BRING TO COURT?

Witnesses - Witnesses must come to court to testify. Letters from witnesses are not allowed. You may subpoena witnesses, but there is a fee. Contact the clerk for information. Police officers and Child Protection investigators usually require a subpoena to attend hearings.

Evidence - Pictures, phone records, written or telephone messages, medical records, etc. Any of the things you have to prove to the court what you wrote in the petition.

Proof of Income - If you are asking for child support or alimony; you must bring a financial affidavit or proof of income; pay stubs, tax return, etc. If you have filed a joint tax return or have proof of the other party’s income, you should bring that with you also.

Car titles and/or deeds to home or shared property if you are asking to have temporary possession of a car and/or house.

Copies of any other court orders involving you and the other person (divorce, custody, child support, etc.)

All persons appearing before the court must dress in an appropriate manner. Shorts, hats, flip-flops, and tank tops are not suitable for the courtroom.

WHAT ABOUT THE HEARING?

The purpose of the hearing is for the judge to decide whether or not to issue a final injunction. The judge decides the time period for the injunctions. If both parties appear and want to proceed, the judge can listen to both parties, witnesses, and review the evidence.

If a final injunction is entered, read it carefully. Ask the judge or court staff if you have any questions or concerns. If the other person violates the order, report it immediately. Only the court can change the injunction or court order. If a change is needed or you want a dismissal, contact the court. You cannot give the other party permission to violate the order.

WHAT HAPPENS IF THE INJUNCTION IS VIOLATED?

If you are in immediate danger call 911.

You should also contact the Clerk of the Court to file an affidavit describing the violation. Victims should carry the protection order with them at all times.

An Injunction for Protection is a civil court order. However, a respondent who does not abide by all the conditions of the protection order may face criminal charges or contempt of court.