Create and E-File Court Forms

[ez-toc]

Step 1: Will I qualify for a Domestic Violence Injunction

Criteria 

In Florida, you can request a Domestic Violence Injunction (restraining order) if you meet the following criteria, as outlined in Florida Statutes § 741.30:

• Evidence of Domestic Violence  You must show that the respondent has committed or threatened to commit domestic violence, as defined in Florida Statutes § 741.28(2). This includes:

• • Physical abuse (hitting, slapping, choking, etc.)
  • Sexual assault or battery
  • Stalking or aggravated stalking (Florida Statutes § 784.048)
  • Threats of harm
  • Kidnapping or false imprisonment
  • Any act that caused physical injury or fear of harm
  • Fear of violence: you don’t need to have experienced physical violence to qualify. If you have a real fear that violence is likely, you can still get protection. Courts look at things like past threats, violent behavior, increasing abuse, and intimidation tactics.

• Qualifying Relationships

  1.  Spouse: A current or former spouse (husband, wife, or registered domestic partner). You must have lived together at some point.

  

  2.  Lived together as family: Someone you currently or previously lived with as a family

  3.  Coparent: A person with whom the respondent has had a child

  

  4.  Family or in-laws: Examples are: children, parents, siblings, half or step siblings, grandparents, nieces, nephews, uncles, and aunts.

   

• Residency Requirement According to Florida Statutes § 741.30(1)(k), you must file for an injunction in the county where you live, where the abuse occurred, or where the abuser lives.

What if I (victim) is a minor (under 18 years)

In Florida, the minimum age to apply for a Domestic Violence Injunction (DVI) is 18 years old. However, individuals under 18 can file for a Domestic Violence Injunction (DVI) through:

1. A Parent or Guardian: A minor's parent, legal guardian, or another adult can file the application on their behalf.
2. A Designated Adult Representative: In some cases, an adult representative may apply for a Domestic Violence Injunction (DVI) to protect a minor.

For minors seeking protection in cases of dating violence, sexual abuse, or stalking, the court may allow exceptions to these general filing requirements.

Abuser doesn't lives in Florida 

Yes, you can file for a Domestic Violence Injunction in Florida even if the abuse happened outside of Florida, as long as you currently live in Florida.

Florida law allows you to seek protection in the county where you reside, regardless of where the abuse took place.

However, if the abuser lives in another state, the court may have limited authority over them. This could affect enforcement, but the injunction can still provide protection within Florida.

Would you like help with the filing process?

Situation Examples

Example 1:  Husband abuses sexually or verbally, and puts restrictions  

We live in the greater Orlando, Florida area. My husband does not respect my decision to not want sex. While he does not always make this demand explicitly, I know that if I refuse there will be negative outcomes, such as fighting, and threats. We have been having sex every other day for over five years. When I don’t comply, he verbally abuses me, calling me names or says that I am cheating. This usually happens when he is drunk, and I fear to discuss it because his anger quickly escalates into a full conflict. He throws things at me, which increases my fear.

This behavior has been happening for over ten years, so I can’t remember the exact date of the first incident. One day, I carefully suggested that we might not be a good fit and should consider counseling. He became enraged and threatened to destroy my life, my professional reputation, and even report minor mistakes I’ve made to immigration authorities.

For the past six months, I sleep in a different room. However, he visits me late every night and tries to initiate sex. I just lay in fear thinking what price I will pay in terms of reputation, immigration headache or property damage if I say "no".  I feel worthless and am losing self respect.

Example 2:  Boyfriend uses threats and destruction to control the victim 

Today, Jose was carrying a revolver and appeared to be high on drugs. He threatened to mess up my work files, and my 28-year accounting career in Miami by falsely accusing me of doing fraudulent transactions. He said, “If you disobey me, I’ll not just sit.” Along with these threats, he caused damage to my property, including hammering a large crack in the wall. His behavior feels very threatening when he is on drugs.

Example 3: Ex-boyfriend stalks 

Jessica's ex-boyfriend shows up at Jessica's work in Saratoga unexpectedly and drives around. Jessica is fearful, and had earlier clearly asked him to leave her alone.