An injunction for protection against domestic violence is a court
order that tells a person not to threaten, batter or harass you.
The injunction may or may not order the person to refrain from having
any contact with you. Sometimes called a "restraining order,"
an injunction prohibits the person to whom it is directed from continuing
with any acts or threats of violence.
Do I need an attorney to file for an injunction?
No. An attorney is not required. However, if you wish to obtain
the services of an attorney, and you do not know one, you may
want to call the Orange County Bar Lawyer Referral Service at
(407) 422-4537.
Am I eligible to request an injunction?
An injunction for protection against domestic violence may be
available to you if:
- you have been the victim of physical abuse, or
- you have been placed in fear, either with words or physical
acts, that you would immediately be harmed by an unlawful act
of violence.
You may petition for an injunction for protection against domestic
violence if the person who harmed you or threatened to harm you
is:
- someone you live with,
- someone you lived with in the past,
- a spouse,
- a former spouse,
- a person related by blood or marriage, or
- a person who is the parent of your child or children, even
if you never lived with that person.
What relief will the injunction provide for
me?
The "respondent" is the person who you allege engaged
in an act or acts of domestic violence. If the court enters an
injunction, it will prohibit the respondent from continuing any
acts or threats of violence. The court may also order the respondent
to vacate your residence, stay away from your residence, and stay
away from your work place. If the injunction states that there
is to be "no contact" between the parties, the respondent
is prohibited from communicating with the petitioner either directly,
indirectly, or through a third party. The respondent must abide
by the court's order or face criminal charges.
How long will the injunction last?
Upon the filing of a petition for an injunction, a judge will
review the petition to see whether it has merit. If so, the judge
will issue a temporary injunction until a hearing can be held
to determine whether a permanent injunction should be issued.
The temporary injunction is in effect for 15 days. If a permanent
injunction is issued, it will be permanent unless otherwise stated
in the final order by the judge with an expiration date.
What happens after the judge grants
a temporary injunction?
The respondent must be personally served with a copy of the petition,
the temporary injunction, and the notice for a formal hearing.
The hearing is held so that the judge can determine whether to
issue a permanent injunction.
What happens at the hearing?
The judge will decide at the hearing whether to issue a permanent
injunction. Sometimes the judge will order an extension of the
temporary injunction, which is another way of ordering a permanent
injunction. The judge will specify what conditions or restrictions
are to be placed upon the respondent. Some examples of conditions
or restrictions that the judge may order include:
- Requirement that the respondent undergo counseling,
- Recommendation that the petitioner and any children in the
home receive counseling,
- Award of custody of the child or children, including terms
of visitation, or
- Requirement that child support be paid through the Clerk's
office.
Please note that the injunction is not intended to provide
you with a method to obtain custody of or support for a child.
As a courtesy, the judge will address these issues at the hearing.
However, if the respondent fails to comply with the visitation
or child support portion of the order, you should not call
the judge's office. Instead, you may want to contact the Clerk's
Domestic Relations Division with your concerns. The Domestic Relations
Division is located at 425 N. Orange Avenue, Room 320, Orlando,
Florida 32801. The telephone number is (407) 836-2054.
Am I required to attend the hearing?
Yes. If you cannot attend the hearing, you must contact the Domestic
Violence Unit at (407) 836-2001. The judge may hold you in contempt
of court for failing to appear at the hearing.
What if I decide that I don't want a permanent
injunction to be issued?
You may ask the judge at the hearing to dismiss the injunction,
and the judge will decide whether or not to do so. If you are
not present at the hearing, you cannot assume that the injunction
ill automatically be dismissed. If the hearing has already been
held, and you want to request a dismissal of the injunction, you
may contact the Clerk's Domestic Relations Division. When a petitioner
wants to dismiss an injunction, they will need to come to the
courthouse and go to Harbor House in room 520 or contact them
at (407) 836-2001.
The judge ordered an extension of the temporary
injunction. What does that mean?
If an injunction is extended, that means that the terms of the
temporary injunction will continue to apply for the period of
time specified in the court's order. The judge may also order
changes or additions to the original wording at the time the extension
is ordered.
The injunction ordered the respondent to
vacate my residence. Is he or she allowed to go back to the
residence to retrieve personal belongings?
Yes. The respondent may retrieve personal belongings from the
residence in the presence of a law enforcement officer.
The injunction specifies that there is
to be "no contact." What does that mean?
If the injunction states that the parties are to have "no
contact," that means that there should be no communication
- either directly, indirectly, or through a third party - between
the petitioner and respondent.
Is the respondent in violation of the
injunction if he or she has contact with me at my invitation?
Yes. If the injunction states that there is to be no contact,
and the respondent contacts you, the respondent is in violation
of the injunction. It does not matter if the contact was made
at your invitation.
Is the respondent in violation of the
injunction if we continue to live together?
Yes. If the injunction states that the respondent must vacate
the residence or must not have contact with you, then the respondent
is in violation of the injunction if you continue to live together.
Is the injunction voided if the respondent
moves back into my residence at my invitation?
No. Only the judge can change or dismiss an injunction.
Is there a violation of the injunction
if the respondent is required to vacate the residence, but I move
in with him or her at another address?
Yes. You must not move in with him or her at another address.
If the respondent and I want
to resume our relationship, do we need to go back to court?
If the injunction orders the respondent to avoid contact with
you, but you both want to resume the relationship, you will need
to petition the court for a dismissal or modification. Contact
the Clerk's Domestic Relations Division at (407) 836-2054 for
more information.
If the respondent has violated
the injunction, what do I need to do to get the case back
before the judge?
Call law enforcement and report the incident with them and then
come to the Clerk's Family Services Division in Room 315 to fill
out the proper paperwork pertaining to a violation.
Where can I get help?
Spouse Abuse, Inc. maintains a 24-hour hotline at (407) 886-2856
and can provide counseling and other assistance to victims of
domestic violence. The following phone numbers may also be helpful.
|
Phone Number |
Agency |
Assistance Provided |
| (407) 228-6050 |
Victim Service Center |
Rent, utilities, medical, help with forms |
| (407) 886-2856 |
Spouse Abuse, Inc. |
Shelter, counseling
for domestic violence victims |
| (407) 836-9800 |
Community Affairs |
Assistance with bills
for utilities or rent |
| (407) 438-0806 |
Crisis Nursery |
Emergency child care
for up to three days |
| (407) 228-6000 |
Community Coordinated
Care for Children |
Subsidized child care
for working mothers |
| (407) 423-6208 |
Dept. of Children
and Family Services (HRS) |
Emergency food stamps
and AFDC |
| (407) 894-1541 |
Housing Authority |
Public housing, waiting
list |
| (407) 841-8310 |
Legal Aid Society |
Legal representation
for low-income families |
| 1-800-96-ABUSE |
Abuse Registry Hotline |
Report child abuse |
| (407) 658-1818 |
Catholic Social Services |
Food pantry, clothing |
| (407) 277-1942 |
B.E.T.A. |
Pregnancy services |
| (407) 422-0606 |
Birth Control Center |
Distribution of birth
control |
| (407) 628-3511 |
Displaced Homemakers |
Job training and placement |
| (407) 897-2774 |
PIC |
Job training and placement |
The following telephone numbers may be helpful for questions
concerning information maintained by criminal justice agencies.
|
Phone Number |
Agency |
Information Available |
| (407) 836-4570 |
Judicial Processing |
Find out whether an
injunction has been served or for more information about
service |
| (407) 836-3000 |
Central Booking |
Check on status of an
inmate |
| (407) 657-2500 |
Orange County Sheriff |
Non-emergency assistance |
