Difference between Criminal Protection Order and Domestic Violence Injunctions in Florida?

Here’s a table outlining the key differences between Criminal Protection Orders and Domestic Violence Injunctions in Florida:

In Florida, criminal protection orders and domestic violence injunctions serve similar protective purposes but differ in their legal basis and process.

1. Criminal Protection Orders

   • Issued as part of a criminal case when someone is arrested for a crime involving violence, such as domestic violence, assault, or stalking.
   • Typically imposed by a judge at the defendant’s first court appearance (arraignment).
   • Can prohibit contact with the victim and include other restrictions to protect them.
   • Remains in effect while the criminal case is ongoing and may continue as part of sentencing.
   • Violation is a criminal offense, leading to additional charges.

2. Domestic Violence Injunctions (Restraining Orders)

   • A civil order that a person (the petitioner) can request without a criminal charge being filed.
   • Filed in family or civil court, usually when the petitioner fears future harm or has experienced domestic violence.
   • The court may issue a temporary injunction immediately, with a hearing scheduled for a permanent injunction.
   • Can impose restrictions such as no-contact orders, removal from a shared home, and firearm surrender.
   • Violation is a criminal offense, but the injunction itself is not tied to a criminal case.

Key Differences:

• Legal Process: Criminal protection orders are part of a criminal case, while domestic violence injunctions are part of a civil case.
• Who Can Request It: A criminal protection order is issued by the state (prosecutor), whereas a domestic violence injunction is filed by the victim.
• Duration: Criminal protection orders last as long as the criminal case (and possibly probation), while domestic violence injunctions can be temporary or permanent depending on the judge’s ruling.

How do you get a Domestic Violence Injunction?

Injunctions for Protection against Domestic Violence, or Domestic Violence Injunctions or just restraining orders, are legal orders that help stop domestic violence. They are for people who are being hurt or threatened by someone close to them, like a spouse, partner, or family member.

The person who needs protection asks a court for help by filling out some papers. These papers explain what happened and why they need protection. The court then looks at the papers and decides if the person needs protection. If the court agrees, it gives them a restraining order. This order tells the abuser to stop hurting or bothering the person who asked for protection. It also tells them to stay away from them and maybe even their home or workplace.

Create and E-File Court Forms

Resources

Here’s a list of government agencies that assist victims of domestic violence in Florida

Florida State Agencies and Programs

1. Florida Department of Children and Families – Domestic Violence Program
   Oversees certified domestic violence centers across the state and coordinates services.

2. Florida Coalition Against Domestic Violence (FCADV) (formerly the official partner; now redirected to DCF after state oversight changes)
   Formerly managed programs and training. Current services are through DCF’s direct oversight.

3. Florida Legal Services – Domestic Violence Resources
   Offers legal assistance and advocacy for survivors of abuse.

4. Florida Courts – Domestic Violence Forms & Resources
   Provides court forms, procedural info, and access to local self-help centers.

5. Florida Department of Law Enforcement (FDLE) – Domestic Violence Data & Services
   Maintains statistics and public safety programs related to domestic violence.

Federal Agencies

1. Office on Violence Against Women (OVW) – U.S. Department of Justice
   Administers grant programs and supports local and state efforts to combat domestic violence.

2. National Domestic Violence Hotline (Federally funded)
   Provides 24/7 support and resources: 1-800-799-SAFE (7233).

3. Administration for Children and Families (ACF) – Family and Youth Services Bureau (FYSB)
   Funds domestic violence shelters and support programs through the Family Violence Prevention and Services Act (FVPSA).