What is an injunction?
An injunction is a court order that places restrictions on an individual who has allegedly committed certain acts or made threats of violence against a Petitioner. These are also typically referred to as “restraining orders.”
Is there more than one type of injunction?
Yes. Injunctions are separated into four categories depending upon the relationship between the parties and the acts or threats that are alleged to have occurred. Injunctions are broken down into the four following categories: Domestic Violence, Repeat Violence, Sexual Violence and Dating Violence. For the following categories of injunctions, the term “Violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person.
Who may file for a Domestic Violence Injunction?
Any person who is a spouse, former spouse, or person related by blood or marriage who is residing or has resided together as a family, or who has a child in common (regardless of whether they were ever married or living together as if a family), with the Respondent and who is either the victim of domestic violence or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence, has standing in the circuit court to file a sworn petition for an injunction for protection against domestic violence.
Who may file for a Repeat Violence Injunction?
Any person who is the victim of repeat violence or the parent or legal guardian of any minor child who is living at home and who seeks an injunction for protection against repeat violence on behalf of the minor child has standing in the circuit court to file a sworn petition for an injunction for protection against repeat violence.
“Repeat violence” is defined as two incidents of violence or stalking committed by the respondent, one of which must have been within six (6) months of the filing of the petition, which are directed against the petitioner or the petitioner’s immediate family member.
Who may file for a Sexual Violence Injunction?
A person who is the victim of sexual violence or the parent or legal guardian of a minor child who is living at home who is the victim of sexual violence has standing in the circuit court to file a sworn petition for an injunction for protection against sexual violence on his or her own behalf or on behalf of the minor child if:
1) The person has reported the sexual violence to a law enforcement agency and is cooperating in any criminal proceeding against the respondent, regardless of whether criminal charges based on the sexual violence have been filed, reduced, or dismissed by the state attorney; or
2) The respondent who committed the sexual violence against the victim or minor child was sentenced to a term of imprisonment in state prison for the sexual violence and the respondent’s term of imprisonment has expired or is due to expire within 90 days following the date the petition is filed.
“Sexual violence” is defined as any one incident of: (1) Sexual battery, as defined in chapter 794; (2) A lewd or lascivious act, as defined in chapter 800, committed upon or in the presence of a person younger than 16 years of age; (3) Luring or enticing a child, as described in chapter 787; (4) Sexual performance by a child, as described in chapter 827; or (5) Any other forcible felony wherein a sexual act is committed or attempted, regardless of whether criminal charges based on the incident were filed, reduced, or dismissed by the state attorney.
Who may file for a Dating Violence Injunction?
Any person who is the victim of dating violence and has reasonable cause to believe he or she is in imminent danger of becoming the victim of another act of dating violence, or any person who has reasonable cause to believe he or she is in imminent danger of becoming the victim of an act of dating violence, or the parent or legal guardian of any minor child who is living at home and who seeks an injunction for protection against dating violence on behalf of that minor child, has standing in the circuit court to file a sworn petition for an injunction for protection against dating violence.
“Dating violence” is defined as violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on the consideration of the following factors:
1) A dating relationship must have existed within the past 6 months;
2) The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties; and
3) The frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship.
The term does not include violence in a casual acquaintanceship or violence between individuals who only have engaged in ordinary fraternization in a business or social context.
Are there filing fees with the court when filing a petition for an injunction?
No. The clerk of the court may not assess a fee for filing a petition for protection against repeat violence, domestic violence, sexual violence, or dating violence.
What are some of the consequences of a final injunction?
The granting of a final injunction for protection in Florida can result in serious consequences. Some of these consequences may include, but are no limited to, the following:
1) The injunction will likely appear on a criminal background check, making it known to potential employers, educational institutions, landlords, etc. . . ;
2) You will be required to surrender firearms and ammunition and likely be prevented from owing, purchasing, or possessing firearms in the future;
3) May lose timeshare privileges with children and pay child support;
4) May be required to leave your home or place of employment depending on the nature of the injunction;
5) You may be subject to removal proceedings (deportation);
6) You may be prevented from joining the military;
7) You may be prevented from certain types of housing;
8) Injunctions may be enforced throughout the entire country;
9) If you violate the terms of the injunction, you may be arrested and charged with a criminal offense.
Contact a Naples Injunction Attorney
If you would like to personally meet with an experienced Naples Injunction Attorney for a FREE and confidential consultation, please call (239) 775-1004.
The Law Offices of Verderamo & Escobar provide legal representation primarily in the fields of criminal law and personal injury law. While our office is situated in Naples, Florida, we proudly represent clients throughout Collier and Lee Counties and their surrounding areas, including, but not limited to, Naples, Fort Myers, Bonita Springs, Estero, Cape Coral, Golden Gate, Immokalee, Lehigh, and Marco Island. The Law Office of Verderamo & Escobar is located at 2662 Airport Pulling Rd S Naples, FL 34112. For more information, call (239) 775-1004.