Florida, in an effort to protect abused spouses was one of the first states to develop a procedure that allows someone who has a reasonable fear for their safety to secure a Temporary Injunction for their protection until a full court hearing can be scheduled. These Temporary Injunctions have expanded to include not just a spouse, but not can also include injunctions that can protect:
- Spouses, ex-spouses, blood relatives, unmarried parents, and people who have resided together as a family. See Fla. Stat. §741.28 & §741.30.
- People who are in a six month or longer relationship that has experienced or have the expectation of experiencing sexual intimacy. Fla. Stat. §741.046(2)(b).
- Someone who has reported a sexual assault, and the offender is likely to be released from the sentence within 90 days of the Petition for Injunction. Fla. Stat. §741.046(2)(c).
- Someone who has been the victim of repeat violence of at least 2 prior acts of violence, and the last occurred within the last 6 months. Fla. Stat. §741.046(2)(a).
- Someone who has previously been threatened repeatedly with violence, has been stalked, and has been the victim of Cyberstalking. Fla. Stat. §784.0485.
Florida has multiple types of Injunctions for Protection, and the process to file a Petition is similar. The Petition for Injunction is to be filed at the Clerk of Court in the county that the Petitioner resides, and each clerk’s office has the required forms to help streamline the process.
Filling out a Petition for Injunction without legal advice can be frustrating, confusing and intimidating for anyone who is not especially skilled to do so effectively. Although the legislature has tried to make it simple enough that an attorney is not absolutely necessary to fill out the injunction, it is still a legal document that is reviewed by a Judge. If the Judge does not think it is sufficient, you will not be issued a Temporary Injunction.
The Tampa Injunction Attorneys at Taracks & Associates know how to properly prepare and file a compelling Petition for Temporary Injunction for the protection of their clients. If you want to an Experienced Tampa Injunction Attorney to help you seek the protection of the courts, call today for your Free Consultation at 813-281-2897 to discuss what needs to be done to receive the protective injunction you need.046(2)(c)
Once a Temporary Injunction is issued, a police officer must serve the Respondent for the Temporary Injunction to be enforced. Once served, if there is any violation of the injunction, even if no violence results, the police have the authority to arrest the Respondent for violating the terms of the injunction. This right of automatic arrest is the core of the protection of an Injunction.
Once the Temporary Injunction is served, there will be an actual hearing to present the need for a Permanent Injunction. At this hearing, you must be able to prove to the Judge that you have a reasonable fear of violence. You can present witnesses, evidence, phone records, photographs and any other evidence to help prove your fear.
Please keep in mind that although these hearings are less formal than a trial, the rules of evidence can still apply. You may have a very compelling fear of violence, but if the right evidence is not presented to the Judge based upon the rules of evidence, the Judge will not ever know your reasons. By discussing your need for an injunction before you begin the process of filing the Petition for Injunction, we will be able to draft the paperwork for your benefit, arrange the attendance of the necessary witnesses, have the evidence to prove your fear, and be prepared to prove why you need protection from the Respondent.
Once the Judge grants the Petition for Permanent Injunction, the Court will decide if the Temporary Injunction it needs to be extended for 6 months, one year, and even indefinitely. The Judge can also order the following:
- Move out of the house, apartment, or boat,
- Stay away from Petitioner’s home and work,
- Have no contact with Petitioner, including no flowers, no “I’m sorry” texts, no family members contacting on your behalf, including not contacting Petitioner’s family to put in a good word for you,
- Temporary suspension of child visitation,
- Order Temporary Child Support,
- Turn in any weapons to a disinterested 3rd Party, or local law enforcement,
- Conditions of counseling – Anger Management, Alcohol or Drug, or any other “appropriate” counseling, and
- Any other condition the Judge feels would protect the Petitioner from future harm.
These are just a few of the conditions that a Judge can impose if your Petition for Protection is granted.
With all of the above that a Judge can order for your protection, why go it alone? Call Taracks & Associates to schedule your Free Consultation at 813-281-2897, so we can discuss how we can help you secure the Permanent Injunction that you want for your safety.