Family Law

Orlando Domestic Violence Injunction

Family Law Areas

Custody Issues

In the state of Florida, an Orlando domestic violence injunction can protect the victims of domestic violence. Domestic violence is any assault or battery, which causes physical harm or death to one family or household member by another. This includes spouses, former spouses, any persons related by blood or marriage, any persons living together or have lived together as a family in the past, and any persons who have a child in common whether or not they’ve been married or have resided together. Domestic violence can also occur in other intimate relationships.

Purpose of a Domestic Violence Injunction
If you or someone you love has been a victim of domestic violence, you can file an Orlando domestic violence injunction petition for protection. An Orlando domestic violence injunction is a court order issued to the abuser to:

Stop the violence or harassment
Leave the shared residence
Avoid contact with the victim at home, work, or school
Attend appropriate counseling

The order may also temporarily settle custody and visitation rights, occupancy of the home, and child or spousal support issues.

The primary purpose of an Orlando domestic violence injunction is to provide the victim emergency protection from further abuse. Upon completion of the petition, a judge will review the situation and decide whether the allegations meet the requirements of Florida statutes. If the judge determines such a danger exists, the court will enter a temporary domestic violence injunction. The temporary injunction will order the alleged abuser to have no contact with the victim until a preset court hearing is held. The judge will then consider whether to dismiss the injunction or grant a permanent injunction (which will remain effective until its expiration date or it is changed/terminated by a judge at a future court date).

Types of Orlando Domestic Violence Injunctions
There are four types of protection injunctions, which handle different circumstances of violence:

Petition for Injunction for Protection Against Domestic Violence – This order protects you against family or household members even if they no longer live with you. This petition may be filed after just one incident of domestic violence.
Petition for Injunction Against Repeat Violence – This petition is filed if you’ve suffered more than one act of violence. You do not have to be related to the other person or have a history of a personal relationship with the other person.
Petition for Injunction Against Dating Violence – This petition is filed if your abuser is someone you’ve had a romantic or intimate relationship with in the past six months.
Petition for Injunction Against Sexual Violence – This petition may be filed if you are a victim of sexual violence according to Florida law.

For a petition to be approved by the court, certain requirements must be met in accordance with Florida statutes.

The Benefits of an Attorney

While it is not required by law to have an attorney for an Orlando domestic violence injunction, it is highly recommended. A qualified attorney can clarify the requirements, help you understand the information on the forms, provide you with competent legal advice, and assist you in filling out the necessary paperwork. In many situations, temporary child support or child custody issues may be involved or the abuser has hired a lawyer. Under these circumstances, an experienced attorney is imperative in order to best protect your legal rights and maximize your interests.

If you are a victim of domestic violence and want legal protection from an Orlando domestic violence injunction petition, please contact us today, free of charge, to speak with a qualified attorney who can help protect your legal rights and look out for your best interests.

The Chartered Law Offices of Troum & Wallsh is located in Winter Park, Florida, one block from Interstate 4 on Lee Road. Our qualified legal team is licensed to practice in all Florida State courts. The firm is currently handling family law cases in Orange, Seminole, Osceola, Lake, Marion, Volusia and Brevard Counties. We also handle some cases outside of central Florida.