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What Is a Domestic Violence Injunction?

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Scales of Justice

Here’s what you need to know if you have been the victim of domestic violence or if you have been served with a petition for a temporary injunction relating to domestic violence.

What Is Domestic Violence?

  • “Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
  • “Family or household member” means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.

See Florida Statutes, Section 741.28.

What Is a Domestic Violence Injunction?

  • Any family or household member who is either the victim of domestic violence or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence, has standing in the circuit court to file a sworn petition for an injunction for protection against domestic violence.
  • A person’s right to petition for an injunction shall not be affected by such a person has left a residence or household to avoid domestic violence.
  • A petition for an injunction for protection against domestic violence may be filed in the circuit where the petitioner currently or temporarily resides, where the respondent resides, or where the domestic violence occurred.

See Florida Statutes, Section 741.30.

Domestic violence is violence or other abuse by one person against another in a domestic setting, such as in marriage or cohabitation. Domestic violence can also involve violence against children, parents, or the elderly. It takes a number of forms, including physical, verbal, emotional, economic, religious, reproductive, and sexual abuse, which can range from subtle, coercive forms to marital rape and to violent physical abuse such as choking, beating, female genital mutilation, disfigurement or death.

If you are a victim of domestic violence, contact a lawyer to discuss the possibility of filing a petition for a temporary injunction for domestic violence. If you have been served with a petition for a temporary injunction against domestic violence, contact a lawyer to discuss your options and any possible defenses to the petition.

Do You or Someone You Know Need Help With Domestic Violence?

If you or someone you know has been involved in a domestic violence situation, you are probably overwhelmed and confused as to what to do next. It is critical that you get help from an experienced domestic violence attorney. Domestic violence cases are complex and require the help of someone with domestic violence experience. An experienced domestic violence attorney will be able to help you navigate through the system and get you the best possible outcome.

Why Fernandez & Hernandez?

If you or someone you know have a domestic violence problem in the Tampa Bay area and need help, Fernandez & Hernandez will provide a free consultation and help guide you through the process. If you or a loved one need help to get the outcome you deserve, call Tampa Domestic Violence Attorney Daniel J. Fernandez of Fernandez & Hernandez at 813-229-5353.

Daniel J. Fernandez

Daniel J. Fernandez

Daniel J. Fernandez defends individuals charged with a misdemeanor and felony criminal offenses throughout the Tampa Bay area and the State of Florida. With more than 30 years of experience as a criminal defense attorney and hundreds of jury trials, Daniel earned tremendous accolades from judges, other lawyers, defendants, and even jurors. Daniel started his legal career as a state prosecutor and became the chief of the Narcotics division before opening his own law practice in 1985.

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