An injunction is a court order that may be issued either to prevent or stop someone from doing something or compel someone to do something. A domestic violence injunction is an order by the court to refrain from engaging in specific conduct or behavior which is unlawful. The purpose of a domestic violence injunction is to stop a specific action, domestic violence, from occurring temporarily or permanently through an issued court order.
There are many kinds of injunctions that may lawfully be issued by a court in the state of Florida, and they are typically issued to ensure the safety of others. An injunction is a form of equitable remedy from a court whereas a legal remedy like an award of money is insufficient to resolve the issues before the court.
A domestic violence injunction will be granted pursuant to Florida Statute § 741.30 for any person who is either a victim of domestic violence or has reasonable cause to believe they are imminent danger of becoming the victim of domestic violence. The petition for a domestic violence injunction must allege the existence of such domestic violence and must include the specific facts and circumstances upon which relief is sought from the court.
Domestic violence injunctions can affect child custody and visitation rights. Children, and in some cases family pets, are included in the terms of a permanent or temporary injunction. Any person could file a petition in the state of Florida for an injunction or protection against domestic violence as provided by law. A temporary injunction can be in place for up to 15 days whereas a final and permanent injunction may be for a period of 6 months, or longer as determined necessary by the court over the proceedings.
Domestic violence can be defined as any assault, battery, stalking, kidnapping, false imprisonment, or any other criminal offense resulting in the physical injury or death of one family, or household, member as defined by Fla. Stat. § 741.28(2). When the two parties involved share a child in common, a domestic violence injunction may drastically change prior parenting plans and time-sharing orders in place. Although a single incident may not change a parent’s custody and visitation rights, ongoing abuse can cause the visitation rights to be affected.
There are five broad categories of injunctions which are referenced in the Florida Family Law Rules of Procedure 12.610 which include injunctions for protection against domestic, repeat, dating, sexual violence, and stalking. Family law form 12.980(a) can be used to file a petition for injunction for protection against domestic violence.
There is no minimum residency requirement to file a petition for a domestic violence injunction however if a petitioner seeks temporary custody of a minor child as part of a temporary domestic violence injunction, a Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) form must be filed. The UCCJEA is a set of laws which collectively standardizes the rules that courts in the United States of America use to determine which state has jurisdiction over child custody and visitation issues. The UCCJEA gives jurisdiction to the child’s home state which is where the child has lived for at least six months prior to the proceeding.
If the court grants an ex parte injunction without notice and hearing to the other party involved it will be effective for a fixed period that is not to exceed 15 days pursuant to Fla. Stat. § 741.30(5)(c). This temporary injunction allows for further possible relief such as restraining the respondent from contact with the petitioner or petitioner’s immediate family, awarding the petitioner exclusive use and occupancy of the shared dwelling, and temporary custody of minor child. Additionally, the court may order the respondent to surrender any firearms and ammunition in their possession.
Once a final injunction is granted by the court, upon notice and hearing, it will provide for time-sharing entered in a temporary parenting plan which will remain in effect until the order expires pursuant to Fla. Stat. § 741.30(6)(a)6. The order also establishes temporary support for the minor child of the petitioner.
The court may order the respondent to complete intervention, treatment, or counseling including a batterers’ intervention program (BIP). In the state of Florida, BIP is a program that lasts for six months long with the goal of addressing the root issues which cause domestic violence. This program focuses on preventing participants from committing future acts of domestic violence and works to provide offenders with the tools to navigate high conflict without resorting to violence.
The petitioner for a domestic violence injunction may be referred to a certified domestic violence center and awarded exclusive care of any children or animals in the shared home. A final injunction may require no contact with the petitioner, limited or supervised timesharing, requiring the respondent to leave the residence, and requiring payment of child support for the minor children.
Please call O’Mara Law Group to schedule a free initial consultation if you’re interested in learning more about domestic violence injunctions and how protective order can affect custody and visitation rights.
