Family Law Injunction Lawyers in Indian River County – Lulich & Attorneys
A family law injunction is a court order. A family law injunction request generally asks the court to order another person to do/or not to do something.
Florida authorizes, according to the Florida Courts, the following types of protective injunctions:
- Domestic Violence
- Sexual Violence
- Dating Violence
- Repeat Violence
- Stalking
The injunction requests generally seek an order that the respondent/defendant not be allowed to:
- Stay in the child’s home
- Have contact with the child or a person with parental responsibility for the child - at work, school, or other location
Factors common to family law injunctions
The five different types of reasons a parent may seek an injunction have the following factors in common
- The petitioner is the victim. The person who is the object of the injunction request is the respondent
- A judge may issue a temporary injunction before there is a hearing. This temporary order lasts until there is a hearing. The temporary injunction order must be served on the respondent
- The respondent must receive notice of a hearing
- “The judge may issue a final, or permanent injunction after a hearing with both parties.”
- Injunctions are either for a specific amount of time or until there is a new court order
- Penalties apply if the respondent fails to comply with a family law injunction order. These penalties may include jail time and fines.
Domestic violence family law injunctions
This injunction request involves family or household members living in the same home – unless they have a child together. Other
domestic violence injunction factors include:
- The parents do not need to be wed
- “Petitioner must show that he or she is a victim of domestic violence OR reasonably believes that he or she is in immediate danger of becoming a victim.”
- Orders to protect parents from violence or contact may also include children
- The petitioner may be permitted to stay in a shared home – while the respondent must leave the home
- During the family law injunction, the petitioner may have the children – all the time – on a temporary basis
- The respondent may need to pay support during the time the injunction is in effect
- “A permanent injunction must require that the respondent to surrender guns and ammunition.”
- “Respondent may be ordered to attend a Batterers’ Intervention Program (BIP).”
Repeat violence family law inunctions
This inunction order applies if there are “at least
two incidents of violence or stalking by respondent on petitioner or an immediate family member; one must be within [the] past 6 months.”
The petitioner must fear the respondent will commit more violence. Also, the parent or guardian of a minor child living at home, or the victim, can file the petition
The respondent may need to surrender any guns or ammunition.
Dating violence family law injunctions
In Florida, this inunction request requires that there be a dating relationship in the prior six months.
- “The relationship must have an expectation of affection, not a casual relationship.”
- “Petitioner must show that he or she is a victim of dating violence and has reasonable fear he or she is in immediate danger of becoming a victim again OR reasonably believes that he or she is in immediate danger of becoming a victim of dating violence.”
- The victim, “or parent or guardian of a minor child living at home,” may file the injunction petition.
- In addition, the respondent may need to surrender any weapons and ammunition
Family law injunctions for sexual violence
Sexual violence includes:
- “Sexual battery
- A lewd or lascivious act upon or in presence of a person younger than 16
- Luring or enticing a child
- Sexual performance by a child”
After the petitioner reports the sexual violence, she/he must cooperate with law enforcement. An injunction order “protects the petitioner from a respondent who was jailed for the sexual violence against petitioner and whose prison term has expired or is due to expire within 90 days."
Like other injunction requests; the victim or a minor child’s parent or guardian may file the petition. The order is entered to protect adults and minor children from further harm or contact. Also, the respondent may need to surrender any weapons and ammunition
Stalking (including cyberstalking) family law injunctions
There must be at least two incidents of stalking or cyberstalking. Victims and parents/guardians of minor children may file the petition. The respondent may be ordered to surrender his/her guns and ammunition. “A permanent injunction
must require that the respondent surrender guns and ammunition.”
The order may also direct that the respondent pay for the cost of treatment.
Florida
provides some FAQs about family law injunctions.
Our Family Law Attorneys serve Sebastian, Vero Beach, and all Indian River County communities. The law offices of Lulich Attorneys & Consultants help victims (adults and children) of abuse file family law injunctions. Call for your Free Consultation today! We represent adults and children throughout Indian River County
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