An Injunction or a Temporary Restraining Order in Florida is used when you need to get immediate protection from the Court. There are several ways you can do this in a family law action and several things you can use it for. You can use an Injunction in a divorce matter to protect assets, bank accounts, or even property such as keeping people away from the marital home or other land or houses that you may own. An Injunction in a divorce or family law matter can be used to keep the other person away from your car or work environment or many different things. It can also be used to help with children such as preventing one spouse from leaving the jurisdiction with kids or even having them have supervised visitation because you are in fear that you could hurt the children.
There is obviously Domestic Violence Injunctions that instructs a person to not come within a certain amount of feet of you, commonly it’s a standard 500 feet, also there can be a No Contact Injunction which basically says they can’t contact you but they are not going to get in trouble if they are within the 500 feet. It is important to know that when there is an Injunction for protection that keeps a person away from another person or a No Contact Injunction that the way people get tripped up on this all the time is through third party contact. That means you told your cousin to contact the Petitioner in a Domestic Violence Injunction. That third party contact is a violation of that Injunction and it is a misdemeanor in the State of Florida. These Injunctions need to be taken very seriously. If you get an Injunction against you for domestic violence and you can’t go within 500 feet of the other party, you absolutely cannot do that until a Judge dissolves the Injunction. For example, there have been many times over the years that an Injunction is issued and then the parties get back together while the Injunction is still actually in place. A police officer usually has no choice but to arrest the “violator” of that Injunction even if the victim is sitting right next to him begging the police officers not to do it! Do not fall into this trap. If there is an Injunction against you for no contact or domestic violence and the Petitioner calls you, don’t answer the phone. Don’t do anything that could put yourself in a position to violate that Injunction. The basic types of injunctive relief are to protect assets, prevent removal of children from jurisdiction, prevent abuse/domestic violence and to prevent repeat violence. Injunctions in the State of Florida are governed by Rule 1.610, Florida Rules of Civil Procedure. Sometimes a party needs to get a Temporary Injunction without notice to the other side. This is not easy.
First of all the pleading must be verified, which means signed, and it must set forth the specific facts that shows the Judge there is immediate and irreparable injury, loss, or damage and that that will result if notice is given to the adverse party. There needs to be reasons in the document also stating why notice should not be required. A Motion for a Temporary Injunction must contain certain things. For example the document must include facts setting forth a clear basis for the need for relief, it must state facts showing the likelihood of immediate and irreparable harm, it must demonstrate that there is no adequate remedy at law and that no Temporary Injunction shall be entered. The Temporary Injunction must state on its face the reasons for its entry, describe in detail the act or acts restrained and, where applicable, why no notice was required. The Injunction will remain in effect until modified or dissolved by the Court Order.
For an Injunction for domestic and repeat violence, a party filing for it must certify under oath that the party against whom the Injunction is sought is a spouse, former spouse, person related by blood or marriage, or a person presently residing with the Petitioner as if a family, or who had resided with the Petitioner as a family in the past, or that the parties have a child in common, the party filing the Petition has been a victim or fears he or she may be a victim of a violent crime, including stalking, and the specific facts and circumstances alleged as a basis for relief sought are true. If you are filing for an Injunction for protection against repeat violence you must allege that there have been two incidents of violence as described by Florida Statute one of which occurred within six months of filing the Petition. And you also must certify that the specific facts and circumstances upon the basis of which the relief is sought are true.
A Temporary Injunction can be issued without notice if it appears to the Court that an immediate and present danger of domestic, repeat, dating, or sexual violence exists. A full evidentiary hearing is required for the entry of an Injunction against domestic, repeat, dating, or sexual violence. No bond is required for the entry of an Injunction against domestic or repeat violence. Temporary Injunctions for domestic or repeat violence shall not be effective longer than 15 days, unless good cause is shown for a continuance. A permanent Injunction for domestic or repeat violence shall be granted for a fixed period or until further Order of the Court. After consideration of the circumstances, the Court has broad discretion to grant an extension without the need for a specific allegation. Injunctions for protection against domestic or repeat violence may be enforced by civil or criminal contempt proceedings, or if appropriate, by criminal prosecution. The Petitioner Respondent may file a Supplemental Petition with the Court to modify or vacate an Injunction at any time. A relationship between 14 year olds that includes spending time with each other at school and holding themselves out to others as “going out” was sufficient to establish a “dating relationship” for purposes of an Injunction under Florida Statute.
If you want to know more about Injunctions go to our website atwww.divorcemenonly.com. Kenny Leigh & Associates is a law firm that exclusively represents men in the area of family law in the State of Florida.