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Domestic Violence in Florida

Posted by LEISA WINTZ | Apr 29, 2021 | 0 Comments

Domestic Violence - Family Matters

Domestic violence injunctions in Florida:

1. Domestic Violence Injunctions are the same thing as a Restraining Order. They tell one person to stay away from another person.
2. They are CIVIL Orders; they are not criminal Orders.

Domestic Violence:

3. However, if you violate an Order of Protection against Domestic Violence, it can be a criminal offense. In this way, things that were not previously criminal become criminal when there is an Injunction against you.
4. A temporary Injunction can be granted and entered without a hearing and has all of the same effects as a final injunction for protection.
5. Injunctions for protection only bar the RESPONDENT from contacting the Petition – they do not bar the Petition from contacting the Respondent.
6. You can file a Motion to have these orders vacated if you believe that enough time has passed, or the situation has changed, and you no longer need this order.
7. You are able to list specific location that the other person must stay away from, such as your school, home or church.

Domestic Violence Injunction:

8. In order to get a domestic violence injunction, you must be related to the other party by blood, marriage have children together or live together as a family.
9. If you go to the hearing for injunction without an attorney, you will be responsible to know the rules of evidence and held to the same standard as an attorney in complying with all the Court rules.
10. Affidavits or sworn statements from 3rd parties are not admissible if the person is not in attendance at the hearing.

About the Author

LEISA WINTZ

Leisa Wintz originally began her career as a marriage and family therapist. Ms. Wintz went on to attend law school and started practicing family law in 2009. However, she quickly realized that many family law practices lacked the empathy and compassion she believed were necessary in order to achi...

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