In part one of this post, we sketched the basic vocabulary of injunctions in domestic physical violence cases. As we described, there are commonly various terms used in domestic cases, such as no-contact orders, limiting orders and so on.
However the umbrella term that includes all these forms of relief can be summed up in one word: injunction.
In this part of the post, let’& rsquo; s look in even more information at the treatment for injunctions in Florida separation cases.
We must note, however, that injunctive relief in domestic violence cases is by no methods restricted to couples. Florida law defines “& ldquo; household & rdquo; fairly broadly for domestic violence injunction purposes.
This definition consists of not just spouses or ex-spouses, however also a number of other relationships. Couples who are cohabitating beyond marriage are definitely included in that list.
Regardless of whether a couple is wed or not, nevertheless, the process of looking for an injunction to stop an intimate partner or previous intimate partner from taking damaging actions begins with submitting a petition with the court. Injunctions wear’& rsquo; t just materialize; they have actually to be obtained.
And obviously the request needs to state premises for the asked for relief. This involves mentioning certain instances of dangerous behavior, such as physical assaults, threats of violence, damage of property or other violent habits.
In specifically compelling cases, the judge could enter a short-term injunction for defense. However that injunction lasts just till a hearing, which must be held within 15 days.
The hearing is for that reason an essential part of injunction procedures. It is for that reason important for parties to marshal the proof they will present there. And this obviously consists of identifying witnesses who can support a celebration’& rsquo; s position concerning the injunction petition.
Source: Florida Courts, “Civil Injunctions For Defense Against Domestic, Dating, Sexual, and Repeat Physical violence“