Domestic Violence Injunction Attorney in Miami, FL
If someone has filed a petition for an injunction against you in Miami, it is critical that you only consult with an experienced Miami injunction lawyer as soon as possible to ensure that your rights are protected. Whether it is a domestic violence injunction, stalking injunction, repeat violence injunction, or dating violence injunction, you need the counsel of an experienced Miami injunction attorney to guide you through the process and maximize your chances of resolving your case with a favorable outcome.
Types of Injunctions Under Florida Law
An injunction is a court order—sometimes called a “restraining order“—that prohibits a person from having any contact with the person who filed the petition for the injunction. It is meant to help protect a person from threats or acts of violence by the person they filed for a permanent injunction against. 
Before the hearing on the permanent injunction, the judge may order a temporary injunction which will normally last through the date of the permanent injunction hearing. Florida law provides for four types of injunctions against violence :
Domestic Violence Injunction
A petition for a domestic violence injunction may be filed by a person who either now or in the past has lived with you as a “family.” “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 step-children, and others OR a person who is the parent of your child/children, regardless of whether you have ever been married or lived together.
“Domestic violence” includes: assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any other criminal offense resulting in physical injury or death to petitioner or petitioner’s family or household members who are residing in the same single dwelling unit with the petitioner.
Sexual Violence Injunction
A petition for a sexual violence injunction may be filed by a person, including a minor, who alleges that you have committed one act of sexual violence against them. The person is not required to have a domestic or dating relationship with you.
“Sexual violence” is defined as one incident of sexual battery; a lewd or lascivious act committed upon, or in the presence of, a person younger than 16; luring or enticing a child’s sexual performance; or any other forcible felony where a sexual act is committed or attempted.
Dating Violence Injunction
A petition for a dating violence injunction can be filed against you by a person, including a minor, who you dated within the past six months.
“Violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person.
Stalking Injunction
A petition for a stalking injunction can be filed against you by a person, including a minor, who alleges that they are the victim of stalking. Stalking injunctions can be issued regardless of whether a criminal case or other action is pending between the two parties.
“Stalking” is when a person willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person.
“Harass” means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.
“Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, however short, which evidences a continuity of purpose. The term does not include constitutionally protected activity such as picketing or other organized protests.
“Cyberstalk” means:
1. To engage in a course of conduct to communicate, or to cause to be communicated, directly or indirectly, words, images, or language by or through the use of electronic mail or electronic communication, directed at or pertaining to a specific person; or
2. To access, or attempt to access, the online accounts or Internet-connected home electronic systems of another person without that person’s permission, causing substantial emotional distress to that person and serving no legitimate purpose.
Repeat Violence Injunction
A petition for a repeat violence injunction can be filed by a person alleging you committed two acts of violence against them (see definition of violence above) or that you stalked them, with the requirement that one of the acts of violence or stalking must have been within the past six months. These types of injunctions are meant to cover situations where the relationship of the person to you is of a non-domestic or non-dating nature.
For more information regarding repeat violence, sexual violence, and dating violence protective injunctions, please see Florida Statute, Sec. 784.046. See Florida Statute, Sec. 741.30 for more information regarding a protective order against domestic violence.
Temporary Injunctions and Permanent Injunctions
After the person who claims to have been victimized (the petitioner) submits their petition, a judge will review it and determine whether there are sufficient grounds in the petition to enter a temporary injunction against the individual named in the petition (the respondent). A police officer will then serve a copy of the petition and temporary injunction on the respondent, along with a notice of hearing on the permanent injunction. At this hearing, the judge will decide whether to enter a permanent injunction against the respondent after hearing from the petitioner and the respondent.
Both a permanent and temporary injunction prohibits the respondent from contacting the petitioner. If the respondent, or another person on their behalf, contacts the petitioner before the hearing, the respondent can face criminal charges and may need to pay an additional fee for criminal defense.
Steps in an Injunction Case
The process of applying for an injunction in Florida involves the following steps:
- Filing a Petition: A petition is filed with the court seeking an injunction against a person who is believed to be causing harm, harassment, or unwanted contact (the “respondent”). The petition must include details about the incidents that have occurred and the reason for seeking an injunction.
- Temporary Injunction: If the court determines there is sufficient evidence, it may issue a temporary injunction to provide immediate protection while the case is pending.
- Service of Process: The temporary injunction must be served on the respondent. Service must be made following the court’s rules, and the respondent must be given an opportunity to respond to the allegations in the petition.
- Hearing: A hearing is scheduled to allow both parties to present evidence and testimony. The court will then decide whether a permanent injunction should be issued.
- Permanent Injunction: If the court determines that a permanent injunction is necessary, it will issue an order to set forth the injunction’s terms and conditions. The respondent is required to comply with the terms, and any violation of the injunction can result in consequences such as arrest and imprisonment.