Florida Domestic Violence Restraining Orders
In Florida, if someone is a victim of domestic violence, he or she can ask the court for a domestic violence restraining order, which is called an injunction for protection against domestic violence in Florida.
The injunction for protection (restraining order) is a court document that orders the abuser to stop abusing the victim, or refrain from committing certain acts, such as contacting the victim.
Domestic violence refers to violence between family and household members. Domestic violence includes spousal abuse, child abuse, and violence between other relatives, people who have a child in common, and roommates.
Examples of domestic violence:
- Sexual assault
- Assault and aggravated assault
- Battery and aggravated battery
- Threatening to cause physical injury
- Controlling a person's movements, not allowing them to leave
What can a restraining order force me to do?
If you are being accused of domestic violence and the alleged victim gets an injunction for protection against domestic violence against you, the court order can:
- Order you to stop the abuse
- Order you to not contact the victim
- Order you to move out of your home
- Order you to pay temporary child support
- Give your partner or spouse temporary custody of your children
If you violate the injunction, the victim will be advised to call the police right away. When the police arrive to the victim's home, they will ask to see a copy of the injunction. The victim can tell the police that you violated the injunction and ask that you be arrested.
If you violate an injunction in Florida, you could be charged with a misdemeanor of the first degree, punishable by a fine not to exceed $1,000 and up to one year in jail.
Accused of domestic violence?
Is your spouse, or another family or household member accusing you of domestic violence? If he or she has an injunction against you, you may also be facing criminal charges for an offense, such as assault or battery, on top of having a restraining order to contend with.
To protect your rights, contact The Law Offices of Phillip T. Ridolfo, Jr. I am a former prosecutor with over 25 years of experience. Call my West Palm Beach firm for a free case evaluation!