What is family violence?
Family violence is defined as the commission of any felony or the commission of offenses of battery, simple battery, simple assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass.
What groups of people are protected under family violence?
Florida Statute 741.30 allows any family or household member to seek an injunction against any other family or household member. The petitioner must have been a victim of domestic violence or have reasonable clause to believe he or she is in imminent danger of becoming the victim of domestic violence. Elements:
- Must be between family or household members
- The petitioner must claim to have been the victim of DV or is in fear of imminent DV attack
- The sworn petition shall allege the existence of domestic violence and include the specific facts and circumstances
- Jurisdiction: Where petitioner currently resides, temporarily resides, where respondent resides, where domestic violence occurred.
Where do I file for protection against family violence?
The victim must file a petition seeking protection from further acts of family violence in the Circuit Court. The petition will verify that the victim alleges that one or more acts of family violence has occurred in the past and are likely to occur in the future. If the victim is a minor, an adult must file the petition on his/her behalf. The petition is filed in the county in which the respondent resides. If the respondent lives out of state, then the petition is filed in the county where the incident occurred.
What happens after filing a Petition?
The presiding Judge reviews the petition and then determines if the allegations meet the criteria of domestic violence. If the Judge finds that the petition does fall within the definition of domestic violence then the Judge enters the Injunction ex parte (without the other party present). The judge has the authority to enter an Order providing any or all of the following relief:
- RESTRAIN: restrain the other party from committing acts of family violence
- POSSESSION: Grant the victim possession of the family residence and order the other party out of the house or require the respondent to provide alternative housing for the victim and the children.
- CUSTODY/PARENTING PLANS: Award temporary custody/parenting plans and visitation/timesharing rights
- REMOVAL: Order the removal of the respondent from the household and/or order assistance to the victim in returning to the household, either to stay at household or retrieve personal property pending the final hearing.
- SUPPORT: Child support and alimony may be ordered. Typically the judge does not order support until the final hearing where both parties are present. At that time the court may order payment through the Child Support Office, thereby ensuring collection and avoiding contact between the parties.
- PROPERTY: Division of personal property typically occurs at the final hearing.
- OTHER: Includes refraining from harassing or interfering with the other.
After the judge signs the Order, the Clerk of Court will schedule a date for the next hearing. The hearing should be within ten days, but not longer than thirty days.
What happens at the Final Hearing?
This is the respondent's opportunity to dispute the claims against him or her. At this hearing, the nature and history of the violence will be presented by the victim, as well as any financial information as required by the courts when child support and/or alimony is an issue
How long is the order valid?
After the Order is signed, the petitioner should receive a certified copy. The Sheriff's Office will keep a copy on file. This Order is valid for six months and sometimes a year, throughout the entire state and United States. Upon a request from the petitioner, and a hearing the Court can review the case and extend the length of the Protective Order.
What happens if the Order is violated?
Civil: The Petitioner can file a contempt petition against the Respondent, alleging the provision of the Order that has been violated and the act that violates this provision.
Criminal: If the Respondent is in violation of the Order, then he/she can be charged with the appropriate Local and State charge.
