Restraining Orders in Jacksonville Florida
How to get a restraining order in Jacksonville Florida.
The different types restraining orders (Injunctions).
Domestic Injunctions are a remedy for domestic violence. Generally, domestic violence is a criminal offense by one family member against another that results in physical injury or death. If there have been allegations of domestic violence either in a marriage, between parent or child, or any relationship, a party may seek an injunction from the court. Injunctions are not limited to situations involving family members. An injunction is a writ or order from a court requiring a person to refrain from a particular act. It may be granted by the court in which the action is brought, or by a judge, and when made by a judge it may be enforced as an order of the court. A party must have standing to request an injunction, a party has standing when any person who causes reasonable belief that she will be subject to, or is subject to violence, or a parent or legal guardian on behalf of a minor who is living at home.
There are different types of injunctions. A general injunction for protection is requested by a party who seeks protection from the court from another person who is causing them harm or will cause them harm. The person seeking protection is called the Petitioner. The Petitioner must certify under oath and the Respondent (person against whom injunction is sought) must be personally served. A hearing is to be set at earliest time possible. The resulting Injunction cannot be amended without court order.
An Ex-parte temporary injunction affords immediate relief for a threatened family or household member. For an ex-pate injunction to be granted, it must appear to the court that such a person has reasonable cause to believe that she is in immediate and present danger of domestic violence. For an ex-parte injunction a complaint must be filed in circuit court, notice must be given if possible to the respondent and the resulting injunction only lasts for 15 days.
A permanent injunction is available when it is necessary to protect the safety of the petitioner for a long period of time.
For an injunction against repeat violence the petitioner must certify under oath that respondent has committed two acts of violence or stalking against petitioner or petitioner’s family within the last 6 months.
For an Injunction based on dating violence a court will determine whether there is a dating relationship based on certain factors. A victim of domestic violence who fears for her safety may keep any new address confidential in an attempt to prevent the assailant from finding her address.
For an Injunction based on sexual violence the petitioner must certify that there was any one incident of sexual violence or any other forcible felony when a sexual act was committed or attempted, regardless of whether criminal charges based on the incident were filed, reduced or dismissed by the state attorney.
If a party violates an injunction it can be punishable as contempt, or crime, they will also be prohibited to possess firearms. If a person is convicted of domestic violence court must order a batters intervention program unless the court determines that the person does not qualify. The injured party may recover damage, including costs and attorneys fees. If a party has an injunction on their spouse, the petitioner is entitled to seek alimony and child support from an enjoined spouse. This may be awarded on a temporary or permanent basis.
There are many scenarios that may call for an injunction | restraining order. Often as a facet of the many services McGRATH GIBSON provides in our representation of clients involved in divorce, we must obtain restraining orders for our clients. If you feel that you are in any danger be it during a divorce or any other circumstance, contact us in Jacksonville Florida at (904) 358-3300, or in West Palm Beach Florida at (561) 358-2223. We will help you understand the protections that are available to you in certain circumstance and when necessary assist you in obtaining the protection of a restraining order.
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