Whether you live in Florida or another state, abuse in your relationship is never justified—in fact, you should consider it a drop-dead deal breaker. One of the biggest mistakes victims of relationship abuse make is to assume that “things will get better,” or to believe an abuser’s apology and repeated promises that their egregious behavior won’t be repeated. Unless the abuser receives adequate psychological treatment, chances are, if he did it before, he’ll do it again.
So, if you’re in an abusive relationship, what should you do? One solution is to obtain an injunction (also called a restraining order), a court order which prevents the abuser from having contact with you. The laws which govern restraining orders differ from state to state. This article discusses those laws in the state of Florida:
1. What Type of Restraining Order You Need?
In Florida, there are four different types of restraining order. The type you need depends on the nature of your relationship with the alleged abuser. Note that in court, the person bringing charges of abuse is known as the “petitioner,” while the alleged abuser is known as the “respondent.”
1) Domestic Violence: this occurs when the petitioner and the respondent have lived in the same residence, as well as when they have a child together.
2) Dating Violence: as the name suggests, dating violence occurs when the two parties have not lived together and do not have children together. “Dating” in Florida means that the parties shared a romantic relationship six months or less before filing the injunction.
3) Sexual Violence: sexual violence occurs when the petitioner alleges that the abuse was of a sexual nature.
4) Repeat Violence: repeat violence applies to other kinds of relationships, such as those between friends or neighbors. In order for repeat violence to occur, there must be at least two incidents (this can include stalking), and at least one of these must have occurred within the six months prior to filing the injunction.
2. Filling Out the Petition
When you fill out the petition, you will be asked for basic information about yourself and about the respondent. Most of the information for which you will be asked is basic, such as address, where you and the respondent each work and physical descriptions.
The most important part of the petition is the section in which you provide details about the nature of the violence (this is sometimes referred to as the “allegation paragraph”). This is where you need to take your time and include all relevant information, including the details of each instance of alleged violence. You need to understand that this paragraph is what a judge will use to decide whether you will be granted your injunction. If the judge is persuaded based on what you write here that you need protection, he or she will grant you a temporary (15-day) restraining order, typically on the same day you file your petition.
3. Serving the Petition
If the judge grants your restraining order, he or she will schedule a court hearing approximately 15 days later. This is because your temporary restraining order is only in effect for this period of time, and the goal is to ensure your protection. It’s important to know that the restraining order can’t be enforced until after the respondent is served. Unfortunately, some respondents will take action to avoid being served. For this reason, the court can extend the temporary restraining order for another 15 days.
4. Prepare for the Court Hearing
Between the time when the restraining order is granted and the court hearing, you need to “get your ducks in a row” by preparing your evidence. Evidence in this type of hearing could be witnesses who can testify to the violence or documents which fortify your argument. You need to be aware that even though this is a hearing, the rules of evidence still apply (for example, hearsay evidence is not admissible). Your attorney will help you prepare evidence that is admissible in court.
5. The Day of the Court Hearing
The judge will decide based on the strength of the evidence presented whether to grant a restraining order for a longer period of time, or to deny your petition. If the respondent does not appear in court, the judge can proceed without him and still render a decision. If the respondent is present, he will be able to challenge evidence and cross examine your witnesses. He will also be able to present his case once you have rested yours.
It’s not unheard of for petitions to be denied even in cases where violence exists. Ensuring that your petition is granted is a function of the strength of the evidence you present, including the petition itself. This is why it’s important to work with a Tampa lawyer who has many years of experience with injunctions.
For more information about protecting yourself with an injunction, contact us today.