How and When to Enforce an Injunction for Protection from Domestic Violence?
After obtaining a permanent or temporary injunction for protection from domestic violence, it may seem that you are completely safe. However, there is no guarantee that the respondent – the person whom you asked the court to protect you from – will not violate the injunction.
When this happens, the petitioner – the person who became a victim of domestic violence – will need to ensure that the injunction for protection is being enforced. It is vital to contact an Orlando domestic violence attorney as soon as possible to ensure that you and your family are safe and protected.
Injunction for Protection from Domestic Violence
Before enforcing an injunction for protection from domestic violence, you must analyze your order of injunction to determine whether the respondent actually violated any conditions of the order.
Generally, an order of injunction may protect against any acts of violence, including:
- Assault;
- Sexual assault;
- Battery;
- Stalking;
- Kidnapping; and
- Other types of harm and violence.
Note: The respondent can violate an injunction through a third party.
The respondent is also prohibited from contacting the petitioner, either directly or indirectly. This also means that the respondent is not allowed to have any form of digital or technological contact with the victim, even through a third party.
In Florida, an injunction for protection from domestic violence prohibits the respondent from going within 500 feet of the victim’s current or prospective home, place of work, and educational facility, and within 100 feet of the victim’s motor vehicle. Also, the order may require the respondent to surrender all firearms and ammunition in their possession.
In some cases, an order of injunction may require the respondent to pay temporary support to the victim. In other cases, the petitioner may be granted temporary exclusive use of the home.
Enforcing an Injunction for Protection in Florida
If the respondent violates any condition of your injunction order, you need to enforce the injunction for protection from domestic violence. To do so, reach out to your attorney or contact your local police department.
Enforcing an injunction requires the petitioner to file a report and then also file a contempt motion after consulting with their domestic violence lawyer. If the violation of the injunction order resulted in the respondent’s arrest, the petitioner could contact the Clerk of Court or the State Attorney’s office to file an affidavit.
In Florida, a violation of a domestic violence injunction can result in both criminal and civil penalties. In addition to facing criminal sanctions, the petitioner can also pursue a civil case against the respondent by filing a Motion for Contempt.
The main purpose of enforcing the injunction is to protect yourself and your family. Since your lawyer will file the Motion for Contempt against the respondent after the violation, all you need to do to enforce an injunction is to report the violation to your Orlando domestic violence attorney and the police.
Talk to our family law attorneys at Donna Hung Law Group to discuss your particular case and enforce a domestic violence injunction. Call at 407-999-0099 to get a consultation.
Resource:
flcourts.org/content/download/403225/3457684/980a.pdf
