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Domestic Violence Injunction Process

Being accused of committing domestic violence comes with a variety of potential consequences, one of which is the domestic violence injunction. Violating such an injunction can result in additional criminal charges, and can have lasting effects on family law matters.  If you’ve been served a domestic violence injunction, it’s vital to know your options and how to move forward. Contact the experienced domestic violence injunction lawyers at Hanlon Law today to schedule a free consultation. 


What is a Domestic Violence Injunction? 


An injunction is a legal contract that prevents one person from being near another. They are commonly referred to by the public as “restraining orders,” and are designed to help protect victims from threats and/or acts of violence from another person. A domestic violence injunction, specifically, is an injunction granted on the basis of domestic violence. 


It’s a common misconception that only a spouse or romantic partner can seek a domestic violence injunction. In fact, any victim of domestic violence, or anyone who suspects they are in danger of becoming a victim of domestic violence, can seek a domestic violence injunction. 


Domestic violence, as defined by Florida Statute 741.28, is any crime committed by one family or household member against another. It’s important to note the inclusion of the term household member here; if two people currently live together, or have ever lived together, they can be considered household members, and therefore any violence between them could be considered domestic violence. 


Aside from domestic violence injunctions, there are three other types of injunctions: sexual violence, dating violence, and repeat violence. 


Why Would Someone Get a Domestic Violence Injunction?


There are many reasons why an alleged victim may choose to seek an injunction. To procure one, the alleged victim need only convince the court that they are either currently a victim of domestic violence, or have reasonable cause to believe that they are in imminent danger of becoming a victim of domestic violence. 


While “reasonable cause” can be subjective, public and legal sentiment today lean heavily towards the alleged victims, with their safety being the primary concern. The court will take into account many factors in making their decision: 


  • The alleged victim’s testimony
  • Instances of past violent episodes and/or threats
  • The use of or threatened use of weaponry against the alleged victim or any other household member
  • Harassment or stalking
  • Abuse against a family pet, resulting in injury up to and including death of the animal
  • Physically restraining the alleged victim or any other household member
  • Any attempts to harm the alleged victim, regardless of their success


It’s important to note that the respondent (person who receives the injunction) does not have to be charged with or already accused of domestic violence, or any other crime, in order for an injunction to be sought and potentially served. 


What Happens If You’re Served a Domestic Violence Injunction?


The actual specifics of what an injunction prohibits depends on a variety of factors, including what the alleged victim is requesting, the facts of the case, any prior charges or convictions of the respondent, physical evidence, and more. However, some common relief for alleged victims offered by injunctions include: 


  • Mandating a physical distance radius to help reduce the chance the respondent may commit any acts of domestic violence, further or otherwise
  • Award temporary exclusive use of a shared home to the alleged victim
  • Address issues regarding custody, support, visitation rights, timesharing, etc with any children
  • Order the respondent to complete a batterer’s intervention course
  • Require the respondent to surrender any weapons to law enforcement, and/or temporarily or permanently negate concealed carry permits


Whatever the terms of the injunction may be, it’s vital to understand how binding it is. Once served, any violation of the requirements of the injunction can result in legal action. No agreements made between the two parties, whether arrived at during conversation or presented in writing, will override the injunction. 


So, for example, say your spouse seeks a domestic violence injunction against you which prohibits you from seeing shared children without a state-appointed chaperone. Even if you talk to your spouse, and they agree to allow you to meet the children at the park without inviting a chaperone - even if you have in writing that your spouse has approved the meeting - that would be a violation of the injunction.


What are the Consequences for Violating a Domestic Violence Injunction?


Domestic violence injunctions are ordered at the civil level in Florida. However, a violation of such an injunction can result in criminal charges, in most cases as a first-degree misdemeanor. The resulting sentence can include up to $1,000 in fines and up to 1 year in jail. 


However, there are certain aggravating factors that may increase sentencing. Multiple violations, violations involving the use of a firearm, etc., may be grounds for charging the respondent with a third-degree felony. In the state of Florida, third-degree felonies can result in up to $5,000 in fines and up to 5 years in prison


What to Do If You’ve Been Served a Domestic Violence Injunction in Orlando, Florida


Despite how intimidating it might seem, all hope is not lost. By seeking a domestic violence injunction lawyer immediately, you will have someone in your corner to share your side of the story. At Hanlon Law, our team brings nearly two decades of experience to the table. We’ll help you understand your options and take every opportunity to fight for you. Contact us today to schedule a free consultation.

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