Sadly, domestic violence is a very real problem. If you or your loved one is suffering abuse at the hands of another such as a spouse, dating partner, or stalker, Bogin, Munns & Munns can help you seek protection. Our Gainesville injunction lawyers can explain your rights, petition the court, and represent you during your injunction hearing.
There Is Help for Gainesville Domestic Violence Victims
According to the Florida Department of Health (FDOH), police received reports of 106,515 instances of domestic violence in Florida in 2019. More than 1,600 reports came from Alachua County. If you are a victim of domestic violence or fear for your safety, you should get help immediately. In Gainesville, you can:
- Call 911 if the situation is an emergency
- Reach out to Peaceful Paths Domestic Violence Abuse Network at 352-377-8255 by call or text
- Call Florida’s statewide, toll-free Domestic Violence Hotline at 1-800-500-1119
Additionally, our lawyers can help you secure a protective injunction. Also known as a restraining order or order of protection, this court-issued order prevents your spouse, partner, or another violent or threatening party from coming near you, or in some cases, your children.
To consult with an experienced injunction lawyer serving Gainesville
855-780-9986
You do Not Need to Live With Your Partner to Seek an Injunction
According to Florida Statutes § 741.28, domestic violence includes assault, battery, sexual assault, stalking, kidnapping and imprisonment, or any other criminal act resulting in injuries or death to a family or household member. However, the court can issue a protective injunction against a spouse, partner, stalker, and other perpetrator of violence who does not live with you.
Florida Offers Five Types of Protective Orders
When you seek an injunction, you are the “petitioner,” and the party you file the request against is the “respondent.” According to the Florida Courts, petitioners can seek five types of injunctions, which differ depending on the crimes involved and the petitioner’s relationship with the respondent:
- Domestic violence – This type of order applies to family members living in the same house – unless the parties share children. Parents who have children together do not need to be married or reside with one another to seek a domestic violence restraining order. The order protects the petitioner and can extend to their children. Under this form of injunction, the petitioner may remain in the home while the court may order the respondent to leave. The court may also grant the petitioner temporary full custody of their children and temporary child support.
- Repeat violence – You can seek this type of protection if the respondent has committed two acts of violence against you or a member of your family in the past six months. Adult victims and the parents of minor children can seek this form of protection.
- Dating violence – If you have suffered dating violence or fear you are in danger of violence, you can seek an injunction against your dating partner. You must prove you and the respondent engaged in a romantic relationship in the past six months. This type of order also extends to adults and minor victims.
- Sexual violence – These orders protect adult victims and children from perpetrators of sexual violence.
- Stalking and cyberstalking – Adults and parents of minor children can seek this type of protective order if they experience two instances of stalking or cyberstalking by the respondent.
While the type of injunction you seek differs depending on your situation, they all demand that the respondent stay away from the petitioner and other protected parties or face criminal charges. Some injunctions may also order the respondent to surrender any firearms or ammunition in their possession.
How do You Petition the Court for an Injunction?
You begin seeking an injunction by filling out the Florida Court’s Petition for Injunction for Protection Against Domestic Violence, which you can find here. The form applies to all five types of protective orders. Once completed, you must sign the document in front of a notary or the Alachua County clerk of the circuit court and submit it to the clerk, who takes the order to a judge.
Depending on your case, the judge may order a temporary injunction until a permanent injunction hearing. The court will hear evidence from the petitioner and the respondent at the hearing, including statements from witnesses who may testify on their behalf. Then, based on the hearing, the judge may issue a permanent protection order. The order remains indefinitely unless the judge issues it for a specified period.
How Can Our Attorneys Help You Through This Process?
Seeking an injunction can be scary, and getting a restraining order requires proving you have been victimized or have legitimate reasons to fear for your safety. Our family law lawyers can stand by your side as your legal ally. We will do everything to help you and your loved ones get the protection you need. We can:
- Help you file your initial petition
- Establish a history of threats, violence, stalking, abuse, or harassment by the respondent
- Collect evidence, including photographs of your physical injuries, videos showing instances of abuse, eyewitness statements, and police reports
- Prepare witnesses to testify at your hearing
- Represent you during your hearing
- Help you take further action if the respondent violates the terms of their court-ordered injunction
Gainesville Injunction Lawyer Near Me
855-780-9986
Call Bogin, Munns & Munns Today for Help Getting the Protection You Need
If you have suffered violence, abuse, or stalking, you are not alone. According to the National Coalition Against Domestic Violence (NCADV), nearly 40 percent of women in Florida and almost 30 percent of men will experience dating violence, intimate partner sexual violence, or stalking during their lifetimes. You can stand up to the perpetrators of violence and get help for yourself and your loved ones.
Our family law attorneys are familiar with seeking injunctions and will work tirelessly to achieve a successful end to your petition. Our Gainesville injunction lawyers are here to help you secure your safety and peace of mind. To learn more about our services, contact our offices. A member of our team is available to take your call 24/7.
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