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Domestic abuse is a serious crime and problem that many couples face in their relationships. If you’re trapped in a toxic and abusive relationship, you might be wondering how to move forward with a planned divorce. In Florida, you can file an injunction against your abusive spouse to restrict their access to you and the places you frequent. An injunction may be the legal tool you need to get your divorce filed and completed. Florida law recognizes several different restraining orders, and each offers protections depending on the details of the situation.
The Five Protective Orders, Injunctions, or Restraining Orders Available in Florida
Choosing the right injunction to fit your case is important because your protective order could be thrown out if it’s not the correct legal tool for your situation. We’ve provided a list of the five types of injunctions (restraining orders) used in Florida.
Domestic Abuse Injunction – Domestic violence is any harmful or abusive action that is committed by any of the people below:
- Spouse
- Former spouse
- Blood relative
- Current or prior roommate, or
- Parent of your child
Your abuser needs to fit into one of the categories above, or you may need to file for a different type of injunction for your case.
Repeat Violence Injunction – When a party is repeatedly stalked and assaulted by another individual within a six-month period, and it results in two or more acts, the victim would apply for a repeat violence injunction. This injunction is like a domestic violence restraining order and is often used when the domestic violence injunction isn’t a viable option. An example of when the repeat violence injunction would apply is if a party was being constantly stalked, harassed, or attacked by one’s neighbor or coworker.
Dating Violence Injunction – Violence or stalking that occurred between parties who have recently stopped dating or have dated for a six-month period. If the parties had the expectation of sexual activity, that would also make the dating violence injunction applicable.
Sexual Violence Injunction – Sexual battery victims would apply for a sexual violence injunction for protection from their attacker or abuser. This injunction is typically used for minors who’ve been victims of sexual abuse or any person who’s been a victim of rape. To qualify for a sexual violence injunction, there must be a police report of the incident, or the abuser must be in prison pending release.
Stalking Violence Injunction – If someone is following you to intimidate you and harass you, this is considered stalking. Being stalked can lead to emotional distress and attack your mental well-being. Stalking violence isn’t limited to in-person stalking. Cyberstalking would also fall within this injunction.
Dedicated Legal Representation When it Matters
In Florida, the law provides for a variety of legal instruments to protect yourself from abuse, harassment, and assault. If you are trying to disentangle yourself from an abusive spouse, our dedicated legal representatives are here to help you every step of the way. Because domestic violence charges and penalties will depend on the circumstance of your case, it’s best to have an attorney start reviewing the details as soon as possible. We understand that being in a violent relationship can make it difficult to know if you’re ready to file for your divorce. The attorneys from Tinny, Meyer & Piccarreto, P.A., would be happy to answer any of your questions to help you decide. Call us at (727) 245-9009 or reach out to us online right now. Our Clearwater attorneys offer free consultations.