Domestic Violence Injunctions
- Tabetha Bennett
- Nov 17
- 4 min read
Updated: Nov 19
INTRODUCTION
Contrary to popular belief, domestic violence is not a gender-specific issue. Men and women both face domestic violence that may lead them to seek help in protecting their physical and mental well-being. The U.S. Centers for Disease Control and Prevention ("CDC") identifies intimate partner violence ("IPV") as "a significant public health issue."[1] According to the CDC, approximately "41% of women and 26 % of men experienced contact sexual violence, physical violence, or stalking by an intimate partner during their lifetime." This shows domestic violence has national implications, and, in Florida, there was a 1.16% increase in reported domestic violence offenses in 2020.[2]
Florida's Uniform Crime Domestic Violence data collection process is documented and published by the Florida Department of Law Enforcement ("FDLE"). Statistics from Florida paint a sobering picture. In 2020, FDLE reports the population was 21,596,068. During that year, there were a total of 106,615 offenses reported and referenced by FDLE. Included within the total offenses, murder and manslaughter account for 217 victims, rape and fondling account for 2,664, and assault (aggravated and simple), stalking (including aggravated stalking), and threat/intimidation account for the remaining 103,734.[3] While prevention of domestic violence is always the best option, many victims may need to use injunctions to protect themselves from active domestic violence.
WHAT IS DOMESTIC VIOLENCE?
Under Florida law, domestic violence is defined as "any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member."[4] A family member or household member also has a specific definition under Florida law, and family member may "mean[] spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit."[5] With the specificity built into the statute, there are only certain types of relationships and offenses that satisfy the definition of domestic violence, and, therefore, would qualify for an injunction against domestic violence.
WHAT IS AN INJUNCTION?
An injunction is commonly referred to as a restraining order. Other terms used to describe an injunction are injunction for protection, protective order, or the injunction may be described based upon the type of injunction ordered: domestic, repeat violence, dating violence, sexual violence, or stalking/cyber-stalking. In Florida, an injunction is a court order that prohibits a person from contacting another person. For the sake of this discussion, the person who has been told not to contact the other person will be referred to as the respondent. The person who seeks the injunction from the court is called the petitioner.
If a temporary injunction is ordered, all contact must cease. Contact that is prohibited by the court includes in person contact (even in public places), as well as contact via phone, email, text, social media, letters, gifts, or having another person to make contact on your behalf. A respondent CANNOT have any contact with the petitioner, even if the petitioner initiates contact with the respondent.
If you have been ordered to cease contact under a temporary or permanent injunction, helpful information can be found in a brochure that has been prepared and published by Florida Courts.
Injunctions may be temporary or permanent. As the names imply, a temporary injunction will be in effect for a certain period of time, whereas a permanent injunction is permanent and does not have a specific end date. The court reviews a lot of information and evidence prior to making the decision to order an injunction, whether the injunction is temporary or permanent. Each case is weighed individually and navigating your case will require a tailored approach.
DO I NEED AN ATTORNEY?
Deciding whether to retain an attorney is up to each party. Petitioners and respondents are permitted to retain an attorney to represent them during injunction proceedings. If you are involved in a family law case or the facts supporting your injunction proceeding have resulted in criminal charges, then speaking with an attorney is highly recommended. At the very least, if you are represented by an attorney in a family law case or criminal case, ensuring that you have notified your attorney of the injunction proceedings is imperative to protecting your rights and interests in pending family and criminal cases.
CONCLUSION
Injunctions against domestic violence are court orders that require parties to refrain from contact. A respondent who violates a domestic violence injunction may face criminal consequences. Having an attorney represent you during injunction proceedings ensures that your rights are protected.
[1] CDC, About Intimate Partner Violence, https://www.cdc.gov/intimate-partner-violence/about/index.html.
[2] See Fla. Dep't L. Enf't, UCR Domestic Violence, https://www.fdle.state.fl.us/cjab/ucr/annual-reports/ucr-domestic-violence.
[3] Fla. Dep't L. Enf't, Reported Domestic Violence by Florida Jurisdiction (2020), https://www.fdle.state.fl.us/cjab/ucr/annual-reports/ucr-domestic-violence.
[4] Fla. Stat. §741.28(2).
[5] Fla. Stat. § 741.28(3).
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