Injunctions for Protection

An injunction is a court order that directs a particular person not to have any contact with you. You have the right to file a petition to ask the court to issue an injunction against a person who has been physically violent with you, has placed you in fear of physical violence, or is stalking you.

NEW: Our office, through Low Bono Program attorneys, can now provide assistance with domestic violence injunction forms and hearing preparation. This new service provides much-needed support to victims of domestic violence (DV) by guiding them through the process of filing a petition. Our goal is to help those involved to understand what information to include, what unnecessary content to avoid, and the procedures related to the introduction of evidence.  Please visit our Low Bono page to learn more and to make appointments.

The purpose of an injunction is to legally prevent a person from having contact with you by ordering them to stay away from your home, your car, your place of employment, and other places the court finds necessary. That person is forbidden to contact you by phone, email, or in person. Injunctions can also include other relief that the court feels is appropriate. If you are under the age of 18, ask the Clerk about an adult filing on your behalf.

To pursue an Injunction for Protection:

1. Identify the type of injunction needed.
2. Complete the appropriate packet and file it with the Clerk’s Office.
   

Packets

• Petition_For_Injunction_For_Protection_Against_Domestic_Violence
• Petition_For_Injunction_For_Protection_Against_Dating_Violence
• Petition_For_Injunction_For_Protection_Against_Repeat_Violence
• Petition_For_Injunction_For_Protection_Against_Stalking_Violence
• Petition_For_Injunction_For_Protections_Against_Sexual _Violence

Types of Injunctions

Civil injunctions include domestic violence, sexual violence, dating violence, repeat violence and stalking.  The type of petition you file depends on your relationship with the other person and what has occurred. The requirements for each type of injunction are listed as follows:

Domestic Violence

Do you now or have you ever lived with the other person as a “family”? Family includes but is not limited to people who you are related to by blood or marriage, parties intimately involved and living together but never married, adopted children, step-parents, and step-children.

Or Do you and the other person have a child together?

If you answered yes to either of these questions you may wish to file a petition for an injunction for protection against domestic violence.

Sexual Violence

You may wish to file a petition for an injunction for protection against sexual violence if:

You answered “no” to the domestic violence questions

And The other person committed one of the following acts: sexual battery defined by Chapter 794 of Florida Statutes; lewd and lascivious act defined in Chapter 800 of Florida Statutes upon or in the presence of a child younger than 16; lured or enticed a child as described in Chapter 787 of Florida Statutes; required a child to sexually perform as in Chapter 827 of Florida Statutes; or committed any forcible felony wherein a sexual act was committed or attempted.

And If you have reported the sexual violence to law enforcement and are cooperating with any criminal proceeding, then you may file for this type of injunction

Or You can file a sexual violence injunction if the other person has been in prison for sexual violence against you, and the term of imprisonment has expired or will expire within 90 days from the date the petition is filed.

Dating Violence

Have you and the other person dated each other in the last six months?

And Did you have an expectation of affection or sexual involvement with the other person?

And Did you interact with the other person on a frequent and continuous basis during the relationship?

If you answered “Yes” to all of these questions about dating, and whether or not the other person has been violent towards you in the past, and you fear you are in imminent danger of violence, then you may wish to file a petition for an injunction for protection against dating violence.

Repeat Violence

If your answers to the questions about other kinds of injunctions are “no”, you may wish to file a petition for an injunction against repeat violence. This petition could be used for neighbors, coworkers, students, relatives who have never lived together, etc.   However, for this type of injunction, there must have been two incidents of physical violence, and one must have occurred in the last six months.

Stalking Violence

If you are the victim of two incidents of stalking, you may wish to file a petition for an injunction against stalking. “Stalking” is defined as willful, malicious, and repeated actions to follow, harass, or cyberstalk another person.

Hope Card

A person who has been issued a final injunction for protection against domestic violence, stalking, repeat violence, sexual violence, dating violence, or abuse or exploitation of an elderly person or disabled adult may apply for a free “Hope Card” with the Clerk of Court where the petition was originally filed. These cards are only available at the time of a Final Judgment entered by the Court or at any other time before the expiration of the order for protection.  A Hope Card is valid for two (2) years after the date of issuance of the final order or the expiration of the injunction; whichever is earlier.  A Hope Card may be renewed after the two year period IF the injunction is still in effect.

The following information will be automatically included on Hope Cards issued by our office:

• The respondent’s name and date of birth
• The name and date of birth of the petitioner or protected person
• Information regarding the issuing court, the case number
• The date the order of protection was issued
• The expiration date, if any, of the order of protection
• The telephone number for the statewide domestic violence hotline
• The date of issuance and the expiration date of the Hope Card

Please click here to apply for a Hope Card