Injunction for Protection
Tampa Domestic Violence Lawyers
An injunction is an order by the court, issued by a judge that restricts one person from having contact with another person. In many states it is referred to as a restraining order, but in the state of Florida, it is called an injunction. The purpose of an injunction for protection is to give the victim (petitioner) emergency protection and to stop any further abuse. The injunction may be issued if a person currently is the victim of domestic violence or has cause to think that she or he is in immediate danger of becoming the victim of domestic violence.
Though you are not bound to have an attorney for you to request a domestic violence injunction, it is your right to do so. Our Tampa domestic violence attorneys at Givens Givens Sparks can assist you with filing your injunction. Our attorneys know domestic violence law and have over 135 years of collective experience with injunction for protection cases. We can help you by appearing on your behalf in court hearings, and give you both the legal and emotional support you need during this extremely stressful time. It is possible for you to represent yourself when seeking an injunction for protection, but it is probably best if you do have an attorney representing you, as your abuser may have a lawyer. If there are child custody concerns, things can get complicated.
Speak with us in a free consultation. Call (813) 518-7941.
When Should I Seek an Injunction for Protection?
You should seek an injunction for protection in the following situations:
- If you or a family member is being threatened in any way
- You feel you are in impending danger
- If you have already been a victim of violent acts by this individual
- If you have children you want to protect from the violent acts of a relative or family member
Our firm will do everything possible to help keep you and your family members safe. We are committed to supporting you through these difficult times. You will get through this and we would like to help you do so.
What Happens After a Domestic Violence Injunction is Filed
Some of the consequences that occur once the order is approved are:
- You are required to leave the residence that you share with the other person.
- You may not be allowed to be within 500 feet of the petitioner’s home, workplace or school, or any place regularly gone to by the petitioner.
- You may not come within 100 feet of the petitioner’s vehicle.
- You may be kept from seeing your children for weeks or months.
- You may lose custody of your child.
- You may not be allowed to see your children without someone there to supervise and monitor the visit.
- You may not be allowed to contact or communicate with the petitioner.
At some point, these restrictions may become permanent at the discretion of the judge. If you have been the victim of domestic violence, filing a domestic violence injunction may be very desirable to you.
How to File an Injunction for Protection Against Domestic Violence
Domestic violence is not just a matter of visible bruises and bodily harm at home. If your home life has been overshadowed by violence or threat of violence, you must take a serious look at whatever is necessary to bring peace and safety to your children. This can include filing an injunction for protection. An injunction is an official court order to stop doing something, which in this case can be violence or threat of violence. Our Tampa domestic violence attorneys know the law and procedures to get the filing done on your behalf and to stand by you throughout your family crisis.
There are several things to know and help your attorney with when getting a domestic violence injunction filed, such as:
- A request for injunction must show clearly that court intervention is necessary.
- The admissible evidence must line up with the facts of the case.
- Be efficient with the court’s time by answering all your attorney’s questions so he or she is well informed and injunction petition preparation is complete.
- Cooperate with your attorney because your involvement is necessary for the filing.
Types of Domestic Violence Injunctions
Domestic violence injunctions are orders to cease doing or continuing things that specifically come under the heading of domestic violence. They can be issued under several headings, and these have different time frames and uses. They include:
- Temporary Injunctions – where a court orders an injunction which lasts only as long as a trial is ongoing or until other action is taken by the court.
- Permanent Injunctions – often issued following the completion of trials where a temporary injunction had been issued which now needs to be extended indefinitely.
- Injunctions Against Dating Violence – related to ceasing any violence or similar activity in a dating or courtship relations. These can also include violence or threats in the categories of sexual assault, verbal abuse, mental abuse, emotional abuse, or physical violence.
Call (813) 518-7941 to speak with our team today.