Did you know that 1.3 million women experience domestic violence annually?1 You are not alone, and domestic violence is not your fault. At Three Rivers Legal Services, we understand the traumatic impact of domestic violence on victims and families. We’re here to support you and help you understand your rights, as well as provide resources.

What is Domestic Violence?

Florida law defines domestic violence as any assault, battery, stalking, kidnapping, false imprisonment or any criminal offense that results in physical injury or death of a family or household member.2 The Florida Coalition Against Domestic Violence provides more insight to understand the legal considerations of domestic violence. Any controlling behavior, including violence and the threat of violence, used to establish power and control over an intimate partner is domestic violence.3

 

There are other categories of laws to protect victims of different types of abuse, like dating violence, repeat violence, sexual violence and human trafficking. If the law doesn’t define the behavior of abuse you experience as domestic violence, you may still be protected under these different categories.

 

Domestic violence impacts everyone, including the victim, children and society at large. This is a serious crime and you have a right to not only protect yourself but to seek legal support.

 

Your Right to an Injunction

In Florida, you have the right to ask the court for protection from an abuser. An injunction is a court order to protect you from your abuser against imminent danger of domestic violence. An injunction is a restraining order that protects victims of domestic violence. The law covers violence against several categories of people as criminal domestic violence, not only violence against a spouse. Victims still have rights to an injunction even if they move out of the home to avoid domestic violence. In addition, the state doesn’t have a minimum residency requirement to apply for an injunction.2 

 

Each injunction is specific to the individual and may include different protections with each case. The injunction order may include any of the following4:

 

  • Abuser must stay away from and not contact the victim
  • Temporary exclusive use of the shared home for the victim
  • Abuser cannot enter the home, school or workplace of the victim
  • Temporary custody of minor children to the victim
  • Abuser must pay temporary child support
  • Abuser must attend Batterer’s Intervention Program

 

With a temporary injunction, you receive protection for up to 15 days until the date of the full hearing. At the full hearing, both sides present their cases and the judge decides whether to grant the injunction. The judge can decide on the injunction whether or not both parties attend the hearing. All parties will have to obey the ruling even if they do not appear. 

 

When an injunction is granted, your abuser has to follow the rules outlined in the injunction. If your abuser doesn’t comply, they risk arrest, fines and jail time. However, you must always carry a copy of the injunction with you to inform law enforcement of the injunction. 

 

Florida Resources for Domestic Violence Victims

Whether you decide to pursue an injunction or not, you still have access to a variety of resources. Many local organizations provide support for domestic violence victims, including shelter, crisis intervention, hotlines, safety planning, legal resources, counseling and support with children.

 

Three Rivers Legal Services helps with family law cases involving domestic violence. Our efforts include help securing an injunction, dissolution of marriage and child custody issues. We also provide links to other organizations who will help to meet your specific needs. 

 

You can apply online for legal help or make an appointment to speak to one of our attorneys. We’re here to support you through your domestic violence recovery. 

 

Sources:

  1. Florida Coalition Against Domestic Violence, What is Domestic Violence?. 
  2. Online Sunshine, The 2019 Florida Statutes. 2019. 
  3. Florida Coalition Against Domestic Violence, Understanding Domestic Violence.
  4. Florida Coalition Against Domestic Violence, Legal Rights for Victims.