Here are some pointers about injunctions: The burden of proof is on the petitioner. A person who willfully violates an injunction for protection against domestic violence issued pursuant to s. Refusing to vacate the dwelling that the parties share; Going to, or being within 500 feet of, the petitioners residence, school, place of employment, or a specified place frequented regularly by the petitioner and any named family or household member; Committing an act of domestic violence against the petitioner; Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner; Telephoning, contacting, or otherwise communicating with the petitioner directly or indirectly, unless the injunction specifically allows indirect contact through a third party; Knowingly and intentionally coming within 100 feet of the petitioners motor vehicle, whether or not that vehicle is occupied; Defacing or destroying the petitioners personal property, including the petitioners motor vehicle; or, Refusing to surrender firearms or ammunition if ordered to do so by the court. The five (5) different orders of protection are, 1) domestic violence; 2) repeat violence; 3) dating violence; 4) sexual violence and 5) stalking. that pertain to the incident described in the papers. SECTION 401. The policy adopted by the state attorney in each circuit under s. If the court has knowledge, based on its familiarity with the case, that the petitioner, the children of the petitioner, or another person is in immediate danger if the court fails to act prior to the decision of the state attorney to prosecute, it should immediately issue an order of appointment of the state attorney to file a motion for an order to show cause as to why the respondent should not be held in contempt. The date and time of the scheduled hearing; 5. All rights reserved. The burden of proof that the petitioner must satisfy is by clear and convincing evidence that the respondent poses a significant danger of causing personal injury to himself or herself or others by having in his or her custody or control, or by purchasing, possessing, or receiving, a firearm or any ammunition. FS 790.401(3)(b). Family includes people who you are related to by blood or marriage; spouses, ex-spouses, parents, grandparents, aunts, uncles; parties intimately involved and living together but nevermarried; adopted children; step-parents and stepchildren, and others. In a recent case from Polk County, the Second District Court of Appeal threw out an injunction because the womans evidence amounted to one incident from a long time ago that only indicated a relationship gone awry, rather than an imminent threat of violence. Once again, at the natural expiration of the injunction, the injunction would automatically terminate, and the respondents rights fully restored. (b)Upon proper pleading, the court may award the following relief in a temporary ex parte or final injunction: 1. Art. Injunctions fall under several categories that sound like criminal offences: domestic violence; dating violence; repeat violence; sexual violence; stalking; and the newly enacted category, exploitation of a vulnerable adult. The two women had been in a relationship in 2012. 96-402; s. 6, ch. 86-264; s. 169, ch. Florida law provides for five (5) different orders of protection against violent conduct. Domestic Violence Injunctions in Florida - Ayo and Iken Florida, like all states, has a statute creating the requirements of injunctive relief in general. This is an added layer of protection to prevent an ex parte injunction. Desoto- (863) 494-2222, State Attorneys Office 3d 641, 642 (Fla. 1st DCA 2011). The benchbook provides information on the hearings that courts routinely hold,complete with flowcharts and checklists designed to provide at-a-glance as well as in-depth analysis ofthe criminal procedures impacted by the nature of the crime. 4. This paragraph does not preclude an adult victim of domestic violence from seeking protection for himself or herself under s. 741.30. No other person can file a RPO petition. 6. Domestic Violence - Florida Courts
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