Overview of Available Protective Injunctions
If you are in immediate danger of domestic violence, please call 911.
A domestic violence advocate can provide safety planning advice, safe shelter, and other services. Call the 佛罗里达 Domestic Violence Hotline at 1-800-500-1119 or TDD (800) 621-4202 for assistance.
In 佛罗里达, five different types of protective injunctions are available:
- Domestic Violence
- 性暴力
- 约会暴力
- 重复暴力
- 跟踪
How do you know which of 佛罗里达's five injunctions for protection you need?
How are all petitions for an injunction for protection alike?
- The victim is known in court as the petitioner; the other party is the respondent.
- The petition must be sworn. 这 means signed in front of a notary or court clerk.
- The judge may issue a temporary injunction to petitioner before a hearing is held.
- The temporary injunction stays in effect until a hearing with both parties can be held.
- The temporary injunction must be served on respondent (usually by the Sheriff).
- A hearing may still be held even if there is no temporary injunction.
- The respondent must be given notice of any hearing.
- Each party may bring witnesses to testify for them at the hearing.
- The judge may issue a final, or permanent injunction after a hearing with both parties.
- Unless it is for a certain time, an injunction stays in effect until the court changes it.
- There are penalties if respondent violates the injunction.
How are they different?
Domestic Violence:
- Petitioner and respondent must be family or household members who are or were living together in the same, single dwelling unit unless they have a child together.
- Parents of a child in common do not have to have married or lived together.
- Petitioner must show that he or she is a victim of domestic violence OR reasonably believes that he or she is in immediate danger of becoming a victim.
- Protects adults from violence or contact, terms may include children.
- Petitioner may be allowed to live in shared dwelling while respondent must leave.
- Respondent may be barred from petitioner’s residence or a shared dwelling.
- Petitioner may have the children 100% of the time on a temporary basis.
- Petitioner and/or children may receive support on a temporary basis.
- A temporary injunction may require respondent to surrender guns and ammunition.
- A permanent injunction must require respondent to surrender guns and ammunition.
- Respondent may be ordered to attend a Batterers’ Intervention Program (BIP).
跟踪:
- Requires at least two incidents of stalking or cyberstalking.
- Either victim, or parent or guardian of minor child living at home, may file petition.
- Protects adults and minor children from further stalking or cyberstalking.
- A temporary injunction may require respondent to surrender guns and ammunition.
- A permanent injunction must require respondent to surrender guns and ammunition.
- Respondent may be ordered to get treatment at his or her own expense.
约会暴力:
- Requires a 约会 relationship within the past 6 months.
- The relationship must have an expectation of affection, not a casual relationship.
- Petitioner must show that he or she is a victim of 约会 violence and has reasonable fear he or she is in immediate danger of become a victim again OR reasonably believes that he or she is in immediate danger of becoming a victim of 约会 violence.
- Either victim, or parent or guardian of minor child living at home, may file petition.
- Protects adults and minor children from further violence or contact.
- Respondent may be ordered to surrender guns and ammunition.
重复暴力:
- Requires at least two incidents of violence or stalking by respondent on petitioner or an immediate family member; one must be within past 6 months.
- Petitioner must fear repeat violence by respondent.
- Either victim, or parent or guardian of minor child living at home, may file petition.
- Protects adults and minor children from further violence or contact.
- Respondent may be ordered to surrender guns and ammunition.
性暴力:
- Sexual violence includes: 性ual battery; a lewd or lascivious act upon or in presence of a person younger than 16; luring or enticing a child; 性ual performance by a child.
- Petitioner must cooperate with law enforcement after reporting 性ual violence.
- Protects petitioner from respondent who was jailed for the 性ual violence against petitioner and whose prison term has expired or is due to expire within 90 day.
- Either victim, or parent or guardian of minor child living at home, may file petition.
- Protects adults and minor children from further violence or contact.
- Respondent may be ordered to surrender guns and ammunition.
How do I proceed?
If you wish to obtain an injunction against someone or have questions about your unique circumstances, please contact an attorney or the clerk’s office in your jurisdiction. The Office of Family Courts cannot provide legal advice. However, to inform petitioners about the injunction process, the OFC has created a 宣传册 for petitioners that discusses many important issues. Additionally, the OFC has produced these 三个视频 that discuss the injunction process and what to expect at a domestic violence injunction hearing. These videos can provide additional information about what to expect while involved in the domestic violence process.
A Guide to Injunctions for Protection
All court scenes are portrayals of hypothetical scenarios.
这 Domestic Violence Checklist for Litigants was also created to accompany the videos above, and offers further information about the domestic violence process.
How can I find an attorney to help me?
If you are considering hiring an attorney, you may want to visit the 佛罗里达 Bar website for information about lawyer referrals.
If you cannot afford an attorney, you may wish to explore the assistance of legal aid services.
Or, you may wish to represent yourself. If that is the case, you may consider visiting a local self-help center or 法律图书馆. Additionally, there are 佛罗里达 Supreme Court approved forms for each of the injunction types, and each form has instructions and guidance on how to complete and file them.
The Injunction for Protection Project provides free legal assistance to survivors of domestic, 约会, 性ual violence and stalking in the counties listed below. For more information or to be connected to a local attorney, please contact the 佛罗里达 Domestic Violence Hotline.
佛罗里达 Domestic Violence Hotline - Call or Text 1-800-500-1119
1-800-621-4202 (TDD)
佛罗里达 Relay 711
县 | 城市 | Domestic Violence Center |
Alachua | 盖恩斯维尔 | 和平的道路 |
贝克 | 杰克逊维尔 | 哈伯德的房子 |
布拉德福德 | 盖恩斯维尔 | 和平的道路 |
布里瓦德 | 棕榈湾 | 宁静的港湾 |
布劳沃德 | 迪尔菲尔德海滩 | Women in Distress (WID) |
夏洛特 | 蓬Gorda | The Center for Abuse and Rape Emergencies (CARE) |
粘土 | Green Cove Springs | 奎格利的房子 |
科利尔 | 那不勒斯 | The Shelter for Abused Women and Children (SAWCC) |
哥伦比亚 | 湖城 | 另一种方式 |
迈阿密戴德 | 迈阿密 | Coordinated Victims Assistance Center (CVAC) |
德索托 | 世外桃源 | Safe Place and Rape Crisis Center (SPARCC) |
迪克西 | Chiefland | 另一种方式 |
杜瓦 | 杰克逊维尔 | 哈伯德的房子 |
Escambia | 彭萨科拉 | 喜欢的房子 |
弗拉格勒 | 邦内尔 | Family Life Center |
空地 | 迈尔斯堡 | Abuse Counseling and Treatment (ACT) |
汉密尔顿 | 湖城 | 另一种方式 |
荷迪 | 巴托 | Peace River Center |
亨得利 | 迈尔斯堡 | Abuse Counseling and Treatment (ACT) |
赫南多 | Brooksville | 黎明中心 |
高地 | 巴托 | Peace River Center |
希尔斯堡惨案 | 坦帕 | The Spring of 坦帕 Bay |
印度的河流 | 斯图尔特 | SafeSpace |
杰佛逊 | 佩里 | 避难所的房子 |
拉斐特 | 湖城 | 另一种方式 |
李 | 迈尔斯堡 | Abuse Counseling and Treatment (ACT) |
利昂 | 佩里 | 避难所的房子 |
莱维 | Chiefland | 另一种方式 |
麦迪逊 | 佩里 | 避难所的房子 |
海牛 | 布 | Hope Family 服务 |
马里恩 | 卡拉的 | Creative 服务 |
马丁 | 斯图尔特 | SafeSpace |
梦露 | 基韦斯特 | Domestic Abuse Shelter |
拿骚 | Fernandina Beach | 弥迦书的位置 |
比较高 | Fort 沃尔顿 Beach | 住的房子 |
奥基乔比 | 奥基乔比 | 玛莎的房子 |
橙色 | 奥兰多 | 港的房子 |
奥西奥拉 | 基 | 帮助现在 |
棕榈滩 | West 棕榈滩 | 女青年会 |
帕斯科 | Dade 城市, New Port Richey | 日出 |
皮内拉斯 | St. Petersburg, Clearwater | CASA皮内拉斯 |
波尔克 | 巴托 | Peace River Center |
圣罗莎 | 彭萨科拉 | 喜欢的房子 |
萨拉索塔 | 萨拉索塔, Venice, North Port | Safe Place and Rape Crisis Center (SPARCC) |
塞米诺尔 | 湖梦露 | 者 |
St. 约翰 | St. 奥古斯汀 | Betty Griffin Center |
St. 露西 | 斯图尔特 | SafeSpace |
Suwanee | 槲树 | 生动的景象 |
萨旺尼河 | 湖城 | 另一种方式 |
泰勒 | 佩里 | 避难所的房子 |
联盟 | 盖恩斯维尔 | 和平的道路 |
Volusia | 代托纳比奇 | 灯塔中心 |
沃尔顿 | Fort 沃尔顿 Beach | 住的房子 |
Neither the domestic violence centers, nor the domestic violence hotline, 自己, provide legal services to survivors. The centers and the hotline act only as an intermediary to refer survivors to 佛罗里达-bar licensed attorneys who provide the legal services.
The Injunction for Protection Project is supported by contracts awarded by the Office for Victims of Crime, Office of Justice Programs and is sponsored by the listed domestic violence centers and the State of 佛罗里达.
In accordance with federal law and U.S. Department of Justice policy, this organization is prohibited from discriminating on the basis of race, color, national origin, 宗教, 性, 年龄, 或残疾. To file a complaint of discrimination, write the Department of Legal Affairs, Federal Discrimination Complaint Coordinator, PL-01, 国会大厦, 塔拉哈西, 佛罗里达, 32399-1050, or call 850-414-3300, or write Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, 第七街810号, NW, 华盛顿, DC 20531 or call 202-307-0690 (Voice) or 202- 307-2027 (TDD/TTY) or http://ojp.gov/about/ocr/complaint.htm. Individuals who are hearing impaired or have speech disabilities may also contact OCR through the Federal Relay Service at 800-877-8339 (TTY), 877-877-8982 (Speech), or 800-845-6136 (Spanish).