Your safety matters, and you have the right to seek protection when it’s at risk. A civil injunction, also called a restraining order, is a powerful tool the court can use to help protect you from harm. Whether you’re dealing with threats, violence, or harassment, we can guide you through the process of seeking protection. At Van Elswyk Law, we are committed to helping you take swift and effective action when you need it most.
Types of Civil Injunctions
In Florida, there are several types of civil injunctions, depending on your situation. We’ll help you choose the one that fits your needs:
Domestic Violence Injunctions
If someone you live with or have a family relationship with has hurt you or threatened to hurt you, you can ask the court for a domestic violence injunction. This covers current and former spouses, relatives by blood or marriage, people who have a child together, and people who live or have lived together.
Stalking Injunctions
You don’t have to know the person to seek protection against stalking. If someone is following you, harassing you, or sending repeated unwanted messages — even online — you may qualify for a stalking injunction.
Repeat Violence Injunctions
If someone who is not a family or household member has committed two acts of violence, threats of violence, or stalking against you or your immediate family, you can file for a repeat violence injunction. One of the incidents must have happened within the last six months. This can apply to neighbors, classmates, or coworkers.
Sexual Violence Injunctions
If you are a victim of sexual violence — including sexual assault, lewd acts committed against a minor, or any forcible sex crime — you can seek protection even if the police were not involved or charges were not filed. You must report the incident to law enforcement or cooperate in criminal proceedings if charges are filed.
Dating Violence Injunctions
Dating violence injunctions protect you if you have been in a romantic or intimate relationship with the other person within the past six months, and they have committed acts of violence. This applies to both current and former partners where the relationship involved affection or sexual involvement, not casual or business relationships.
Each type of injunction has its own requirements, but they all aim to give you the protection you deserve.
Filing Process and Requirements
The process starts by filing a sworn petition at the clerk’s office in the county where you live or where the violence occurred. You’ll need to describe specific incidents of violence, threats, or stalking, including dates and details. If the court believes there is immediate danger, it can issue a temporary injunction right away. This order can provide protection until a hearing is held.
After the petition is filed, the other person (called the respondent) is served with the paperwork. It’s important to include as much detailed information as possible, because the judge will rely on the petition to decide whether to grant immediate protection.
We’ll work with you to make sure your petition is clear, thorough, and ready to move forward without unnecessary delays.
Hearings and Evidence
Once a temporary order is in place, the court will set a final hearing, usually within 15 days. Both you and the respondent will have the chance to tell your side of the story.
Strong evidence can make a big difference. You can bring:
- Text messages, voicemails, and emails
- Social media posts
- Photographs of injuries or damaged property
- Police reports and medical records
- Witnesses who saw or heard what happened
At Van Elswyk Law, we’ll help you gather the right evidence, organize your story, and prepare for court.
Consequences of Violating an Injunction
When the court grants an injunction, it carries the force of law. If the respondent violates any part of the order, they can be arrested and charged with a crime. Violations can include contacting you, coming near your home or workplace, or making threats through third parties.
Penalties for violating an injunction include jail time, probation, and fines. The court takes these cases seriously, and so do we. If the other party violates the injunction, it’s important to report it immediately so further legal action can be taken.
Secure the Protection You Deserve
You don’t have to figure this out by yourself. We are here to help you file for an injunction, prepare for your hearing, and stand up for your safety in court. At Van Elswyk Law, we work hard to protect your rights. Contact us today to get the support you need.