Question 1

What types of injunctions are available in Florida?

Accepted Answer

Florida offers several types of protective injunctions: Domestic Violence Injunction (for family/household members or those in intimate relationships), Dating Violence Injunction (for dating relationships), Sexual Violence Injunction (for victims of sexual assault), Stalking Injunction (for repeated harassment), and Repeat Violence Injunction (for two incidents of violence). Each has specific criteria and provides different protections.

Question 2

What is the process for obtaining an injunction in Florida?

Accepted Answer

First, file a petition at the courthouse describing the incidents of violence, harassment, or stalking. A judge reviews the petition and may grant a temporary injunction immediately if there is immediate danger. A full hearing is scheduled within 15 days where both parties can present evidence. If granted, the final injunction typically lasts permanently until modified or dissolved by the court.

Question 3

What happens if someone violates an injunction?

Accepted Answer

Violating an injunction is a first-degree misdemeanor punishable by up to one year in jail and $1,000 fine. The violator can be arrested without a warrant. Additional violations or violent conduct can result in felony charges. Civil contempt charges may also be filed. Law enforcement takes injunction violations seriously, and violations can impact custody, visitation, and divorce proceedings.

Question 4

Can an injunction affect child custody and visitation?

Accepted Answer

Yes. An injunction can significantly impact custody and visitation arrangements. The court may order supervised visitation, restrict contact with children, or modify existing time-sharing agreements. If the injunction involves domestic violence, it creates a rebuttable presumption that it is detrimental to the child for the perpetrator to have shared parental responsibility or unsupervised contact.

Question 5

How can I defend against a false injunction petition?

Accepted Answer

If served with an injunction petition, attend the hearing with documentation, witnesses, and legal representation. Present evidence contradicting allegations, show lack of qualifying relationship, demonstrate false or exaggerated claims, or prove the petitioner has an ulterior motive (like gaining advantage in divorce/custody). An experienced attorney can cross-examine the petitioner and present a strong defense to protect your rights and record.

Injunctions

Injunctions | Tonya Holman Law Firm | Okaloosa County

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