Home > Injunctions Against Violence

:: Injunctions for Protection (Restraining Orders)
    Against Domestic, Repeat, Dating and Sexual Violence

Many domestic and dating relationships turn sour, and one of the parties can begin acting in an irrational, threatening, or violent manner, which causes you to fear for you safety and well being. In such instances Florida law provides for four types of orders of protection against violence, more commonly known as restraining orders, but defined as injunctions in Florida. These injunctions, or restraining orders, protect a person from dating violence, domestic violence, repeat violence, or sexual violence. The standard for issuing an Injunctions is whether there exists "an immediate and present danger of violence" against yourself based upon the other person's past conduct towards you.

Obtaining an Injunction is a two part process. First you file a petition where a judge will consider whether to issue a temporary injunction, pending a full evidentiary hearing. The judge only considers what is alleged in the actual petition and nothing else. If the judge issues a temporary injunction, a final injunction hearing will be scheduled within fifteen (15) days of the temporary injunction having been issued. At this final hearing you will be given the opportunity to present any witnesses, photographs, or other evidence to support your claim.

If the judge issues a final judgment for protection against violence, also known as a "permanent injunction," the injunction will remain in effect until it is modified or dissolved by the court. Therefore, at the court's discretion, the injunction may be indefinite or expire on a date certain. Additionally, Injunctions may be extended beyond their expiration date, provided the request to extend is filed prior to actual expiration. In determining whether the injunction should be extended, the occurrence of new violence is not required. The court may consider the circumstances leading to the imposition of the original injunction, as well as subsequent events that may cause the petitioner to have continuing reasonable fear that violence is likely to recur in the future.

Florida injunctions are enforceable throughout Forida and nationwide. Similarly, a qualifying final order of protection against domestic violence issued by a court of a foreign state, must be accorded full faith and credit by the courts of Florida and will be enforced by law enforcement as if they were issued by a Florida court.

:: Contact Orlando Criminal and Domestic Violence Attorney Richard Hornsby

Please contact Orlando Criminal and Domestic Violence Attorney Richard Hornsby 24 hours a day, 7 days a week, if you are in fear of someone and need to obtain immediate protection. Mr. Hornsby is available any time, day or night, to advise you of the proper course of action to take. The initial consultation is free and Mr. Hornsby will respond promptly to provide you with the representation you deserve because you deserve to live fear free!.

Home > Injunctions Against Violence