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Winston Law PA
561-670-9375

How do I file an Injunction Against Domestic Violence?

How do I file an Injunction Against Domestic Violence?

            Domestic Violence Injunctions are court orders requiring a person not to threaten, batter or harass another. An injunction can require a party to have no contact with the person filing the injunction or limited phone contact. Further, at an injunction hearing, the Court can require a party to vacate a shared home or award temporary child custody. Injunctions against violence may become necessary in my different types of relationships including marriages, families, dating relationships or friendships.

A party can file for an injunction against domestic violence if they are victims of domestic violence or are in imminent danger of becoming the victim of domestic violence.  The process is started by the Petitioner (the moving party) filing a notarized request with the local clerk’s office for a temporary injunction. This request is then reviewed by the court. If it meets the required standard, a temporary order against domestic violence will be issued. This order requires the Respondent (the person accused) to stay away from the Petitioner. The Respondent is then served with notice of a final hearing date. This temporary order lasts 15 days or until a hearing can be set by the court. At the hearing, the Petitioner must prove that he or she is a victim of domestic violence or is in imminent danger of becoming a victim of domestic violence. If the Petitioner meets this burden, the court will then enter a permanent order. This order usually requires the Respondent to stay away from the Petitioner, the Petitioner’s vehicle, home and place of business for a year. Additionally, the court can order a temporary timesharing plan, temporary spousal support and temporary child support.

            Before filing a Petition for Injunction Against Domestic Violence, you may want to consider hiring an experienced South Florida Domestic Violence lawyer.  While you can file the petition on your own, it is important to file it correctly the first time.  Each petition is reviewed by a judge who determines whether to grant a temporary injunction.  If you do not prove that you are either a victim of domestic violence or are in imminent danger of becoming the victim of domestic violence, the judge will not grant a temporary injunction.  It is important to specific when describing the violence or threats of violence.  It is also extremely important to request the proper relief at the time you file the Petition.  For example, if you need exclusive use of the marital home, child support, or spousal support, the petition is the place to request it. 

            It is also important to have the assistance of an experienced South Florida domestic violence attorney at your hearing.  If the court grants a temporary injunction and sets a hearing, the petition must prove through evidence that he/she is either a victim of domestic violence or are in imminent danger of becoming the victim of domestic violence.  An experienced West Palm Beach domestic violence lawyer can develop a strategy to prove your case and further this strategy by calling witnesses on your behalf and elicit testimony (evidence) of prior domestic violence or threats.

            If you or loved one is considering filing for an injunction against domestic violence in South Florida, please contact Winston Law, P.A. at (561) 670-9375 or susan@winstonlawpa.com.

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