No one deserves to be a victim of domestic violence. If you find yourself in a domestic violence situation, know that there is help available. The first step is to seek a domestic violence injunction, also known as a restraining order. Here are the top 10 tips for getting a domestic violence injunction in Florida from the Gantt Legacy Law Firm.
1. Understand the types of injunctions available.
There are two types of injunctions in Florida against domestic violence: temporary and permanent. A temporary injunction is designed to provide protection for a victim of domestic violence on a temporary basis, usually until a full hearing can be held. A permanent injunction, on the other hand, provides long-term protection from an abuser.
2. Know the requirements for each type of injunction.
The requirements for each type of injunction vary slightly. For instance, a temporary injunction requires that the victim show that he or she has been a victim of domestic violence within the past six months. A permanent injunction requires that the victim show that he or she has been a victim of domestic abuse within the past year.
3. Gather evidence of abuse.
Documentation of the abuse can be helpful in obtaining an injunction. This may include medical records, police reports, and statements from witnesses.
4. Make sure you have a safe place to stay.
Once you have obtained an injunction, your abuser will be required to stay away from you and may even be ordered to vacate your shared residence. It is important to have a safe place to stay before you file for an injunction so that you do not end up homeless after the order is granted.
5. Talk to an attorney.
An attorney can help you navigate the process of filing for an injunction and ensure that all of your paperwork is in order prior to your hearing date.
6. Attend your court hearing.
You must attend your court hearing in order for the judge to grant you an injunction against your abuser. If you fail to appear, the judge may dismiss your case entirely or grant only a limited form of protection known as “supervised contact” which allows your abuser supervised visits with you or your children if they comply with certain conditions set by the court such as attending anger management classes or drug counseling.
7. Follow any orders issued by the court.
Once an injunction is granted, it is essential to follow any orders issued by the court such as refraining from contact with your abuser or following specific child custody schedules. Violating these orders can result in serious penalties such as jail time.
8. Keep copies of all documents related to your case.
This includes copies of the petition, any orders issued by the court, and any communications between you and your attorney. It is important to keep these documents in a safe place where your abuser cannot access them.
9. Seek counseling.
Domestic violence can take a toll on your mental and emotional well-being. Seeking counseling can help you deal with the trauma you have experienced and begin to heal.
10. Get involved in advocacy work.
There are many organizations devoted to helping victims of domestic violence. Getting involved in their work can help raise awareness about this issue and make it easier for other victims to get the help they need.
If you find yourself in a situation where you are being abused, know that there is help available and reach out for assistance today. Contact Gantt Legacy Law, P.A. for quality and compassionate legal domestic violence needs. We look forward to speaking with you.