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If you are being abused, harassed, or stalked by another person, then you may be eligible to obtain a restraining order, otherwise known as a civil injunction. There are several types of civil injunctions in the state of Florida, including, an injunction for protection against domestic violence (“DVI”), an injunction for protection against dating violence, an injunction for protection against stalking, and an injunction for protection against repeat violence. Each of the aforementioned injunctions prohibits the Respondent, (the “Abuser”) from making contact with the person seeking the injunction (the “Victim”) through, among other methods, direct speech, third party contact, e-mail, text messaging, or being within a set proximity of the Victim or the Victim’s home, place of employment, or automobile.
To obtain the protection of an injunction, the Victim must first file an emergency petition for the appropriate civil injunction; and if the petition is legally sufficient, then the court will enter a temporary order granting the injunction (“Temporary Injunction”) pending a final hearing/trial, which must be heard within 15 days of the date of the Temporary Injunction. The purpose of the final hearing is to allow the Abuser the opportunity to tell the court his/her side of the story. Once the Temporary Injunction is in place, the Abuser must immediately cease all forms of contact with the Victim. Then, at the conclusion of the final hearing, the court will enter an order either dismissing the Temporary Injunction, or granting it thereby ordering a Permanent Injunction. If the Temporary Injunction is dismissed, then the Abuser may resume contact with the Victim; however if the Temporary Injunction is granted, then the Abuser will continue to be prohibited from having any contact with the Victim. Moreover, if the Abuser violates the court’s Temporary or Permanent Injunction, then he/she can be arrested and charged with a crime.
How an Attorney Can Help
It is important to seek the assistance of an experienced attorney as soon as possible in these matters, because an attorney can provide valuable insight and direction. We at Butash and Donovan can assist you to obtain and enforce a DVI, thereby helping to ensure your safety.