Domestic Violence

What Is An Injunction

IF YOU FEEL YOU ARE IN IMMEDIATE DANGER, DIAL 911.

Emergency Hotlines Available 24 Hours a Day:
Shelter Abused for Women & Children (239) 775-1101
National Domestic Violence Hotline (800) 799-7233 or (800) 787-3224 (TTY)

An Injunction for Protection is a civil court order that places restrictions on an individual who has allegedly committed acts or made threats of violence against another individual. You have the right to file a petition to ask the Court to issue an order called an injunction against a particular person who has been physically violent with you, placed you in fear of physical violence, or is stalking you.  
The purpose of an injunction is to legally prevent him or her from having contact with you by ordering him or her to stay away from your home, your car, your place of employment and other places the Court finds necessary. He or she is forbidden to contact you by phone, in writing, by email or in person. An injunction may include provisions that prohibit the Respondent from further acts of violence, order the Respondent to leave a shared dwelling, prevent the Respondent from coming to your home, school or place of employment, and/or award temporary custody of minor children.

If you are under 18 years old, an adult must file on your behalf.

An injunction should not be used as a tool to manipulate the judicial system to gain access to property, or settle issues of child custody or support, but rather to protect you against a genuine and well-founded fear of continued violence or abuse. 

Violence is defined by Florida Statute 784.046(1)(a) as “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death, by a person against another person.” 

Violence does not include all offensive behaviors. Trespassing, criminal mischief, threats, tampering with a witness and harassing phone calls are all criminal offenses which should be reported to law enforcement, but may not necessarily, alone, qualify for the issuance of an injunction.