A tragedy that has been making the national news serves to remind us that temporary injunctions are filed every day intended to protect alleged victims of domestic violence.  In Michigan, an estranged husband killed his wife in an upstairs bedroom and then killed himself in the basement. One of their three young children had to call 9-1-1 and report the incident. We have unfortunately heard similar stories here in Florida.

We have no way of knowing whether an injunction or restraining order may have prevented this senseless act. In Florida, alleged victims file for temporary injunction protection every day. You need to be aware of what is required for this legal remedy to be granted by the courts.

Temporary Injunctions Do NOT Have to Be Just For Physical Violence.

In Florida, an injunction for protection against domestic violence, commonly referred to as a restraining order, is a court order telling a potential abuser to stop doing certain things such as:

  • Further abuse or physical confrontation
  • Contacting you or coming anywhere near you
  • Visiting the marital residence unannounced or for non-visitation reasons
  • Having third parties contact you by phone, social media or other methods

This is not an exhaustive list and every case is different and may require unique requests on behalf of the petitioner. Even if the alleged victim has not been physically abused, they may still qualify for an injunction.

Immediate Danger of Becoming a Victim of Domestic Violence

If you are going through a heated custody battle or family law matter, the risk of having a temporary injunction filed against you increases. The filing of a temporary injunction can be done ex-parte or without your knowledge. The judge will look at the following to determine whether to grant an injunction:

  • History of threats, harassment, stalking, or physical abuse
  • Any attempts to harm you or family members or close friends
  • Threats to kidnap or harm your child
  • Threats to use a weapon like a gun or knife
  • Keeping you from leaving the home or taking away your ability to call police (home or mobile phones)
  • Any other reasons that lead you to believe you are in “immediate danger of becoming a victim of domestic violence”

Again, this list is not complete and you need to consult with an experienced family law attorney if you are either considering filing for a temporary injunction or you believe that your spouse may file against you.

Contact Attorney Adam Pollack today for a FREE consultation. It costs you nothing. Dial (407) 834-5297 today!!