Types of Injunctions in Florida
In Florida, a person can seek several types of injunctions depending on the particular circumstances, including:
- Domestic violence injunctions, which are designed to protect victims of domestic violence from further harm by their abuser.
- Repeat violence injunctions, which require two incidents of violence or stalking directed against the petitioner or an immediate family member, with at least one incident occurring within six months before the petition is filed. No family or dating relationship is required.
- Stalking injunctions, which are designed to protect victims of stalking from further harm by their stalker.
- Dating violence injunctions, which are designed to protect victims of dating violence from further harm by their abuser.
- Sexual violence injunctions, which are designed to protect victims of sexual violence from further harm by their abuser.
- Injunctions against exploitation of a vulnerable adult, which can protect a qualifying adult and their assets from exploitation or imminent exploitation under Florida Statute § 825.1035.
It’s important to note that the specific types of injunctions available may vary depending on the circumstances of each case. Sometimes, people refer to injunctions as “restraining orders” or “orders of protection.”
Proving an Injunction Case
The person seeking an injunction, called the petitioner, must prove the legal grounds for the type of protection requested. In domestic violence and stalking cases, the burden at the final hearing is a preponderance of the evidence, meaning more likely than not.
Evidence may include sworn testimony, threatening messages, photographs, videos, and properly admitted records. Police reports and written witness statements are not automatically admissible; hearsay and other evidence rules may limit their use.
A person seeking a domestic violence injunction may qualify based on past domestic violence or reasonable cause to believe that domestic violence is imminent. Physical injury is not always required.
Because injunction hearings often turn on evidence, testimony, credibility, and courtroom procedure, hiring an attorney for your Miami injunction for protection case can make a significant difference in how the case is prepared and presented.
Duration of Injunctions
In Florida, the duration of an injunction can vary. Although the hearing is called a “permanent injunction hearing,” judges don’t necessarily issue injunctions indefinitely. Some injunctions may last for six months or one year. Others may be in effect until further order of the court.
Either party may ask the court to modify or end an injunction for protection. Filing a motion does not suspend the order; its terms remain enforceable until it expires or the court changes or dissolves it.
Consequences of an Injunction Issued Against You
An injunction may prohibit contact with the petitioner and require you to stay away from specified places. In a domestic violence case, the court may also award exclusive use of a shared home, enter a temporary parenting plan, and order temporary child or spousal support when the legal requirements are met.
Florida law generally prohibits firearm and ammunition possession while a final domestic violence or stalking injunction is in effect. Federal law may impose a separate prohibition if the order meets its requirements. Firearm restrictions depend on the type and terms of the order, with a limited official-duty exception for certain law enforcement officers.
This could affect law enforcement officers or anyone else who uses weapons in their job. The respondent’s employment status or future employment applications may also be affected, as well as their professional licenses and ability to enter the military or attend schools, colleges, and universities.
A qualifying protection order can be enforced across state lines. A willful violation of a domestic violence injunction can lead to arrest and a first-degree misdemeanor charge, punishable by up to one year in jail. Certain violations can be charged as felonies.
A respondent who knowingly, willfully, maliciously, and repeatedly follows, harasses, or cyberstalks a protected person after an injunction has been entered may face aggravated stalking charges, a third-degree felony.
Questions About Injunctions?
The consequences of an injunction will vary depending on the circumstances of each case. If you have been served with an injunction, contact our law firm to speak with a Miami injunction lawyer about your rights and options.
