Domestic Violence Injunctions

A domestic violence injunction can serve a temporary or permanent solution to a problem that one person may have against another. Often times, this injunction may be used to serve as an option for family members for temporary help from the court until a more permanent solution can be found, such as a divorce from an abusive partner. On the other hand, the injunction may also serve as a permanent solution if the purpose of the injunction is to give the victim in the case, a sense of security and protection from the court where there is no legal relationship between the parties, such as a live-in partner. 

A person who fears for their safety, has the right to apply for a domestic violence injunction and may do so by applying at the clerk of court in the county in which they reside or where the incidents of violence or threats have occurred. By filing this injunction, the process for a hearing is generally initiated for a later date. This means that there will likely to be a temporary order between the time of the application and approval, and the hearing date with the judge. One thing to note is that the injunction first has to be approved by the clerk’s office before a hearing is scheduled on the matter and any temporary orders may be entered. If a person files an application for an injunction and does not establish credible information which will cause the court to agree that it is necessary, it is possible that it can be dismissed before it truly begins. 

It is important to note that an injunction does not serve as an emergency tool for immediate threats or incidents of violence. For instances where a person is in immediate danger, the best solution is to contact the police and request assistance. If the police are called and there is evidence that violence, real threats of potential violence, or physical contact has occurred between parties, then it is more than likely that someone will be arrested. Be careful however, because in some instances, the person calling the police could be the person arrested if they were the one who were the aggressor in the case! This can often be seen where an alleged victim will strike the alleged perpetrator and the incident escalates into violence. In this previous example, the alleged victim is likely to be the person who may be considered the aggressor in the case. 

Perhaps in situations where there is a potential for violence between two parties, the best solution is for both people to go their separate ways. Of course, this is always easier said than done, however, the alternative is to remain in a situation where there is always a potential for violence. In situations where there is not possibility to go your separate way because of life’s circumstances, there is always help for those who ask for it. It is often not easy to leave a situation as the ones previously described, especially when one party is dependent on the other. At the same time, that person should not have to suffer through incidents of violence simply because of this perceived dependency on the other person. 

There are many uses for domestic violence injunctions, too many to list in one article. Perhaps the best practice would be to consult with a domestic violence specialist or an attorney to see if you best option is to move forward in this manner. Ultimately, the main purpose of the injunction is to protect those people who are vulnerable against others whether they be family, friends, or even simple acquaintances. If you have any questions or concerns, please feel free to contact our office for further guidance. 

 Andres V. Gaeta, Esquire 

4950 Beach Boulevard, 

Jacksonville, Florida 32207 

904-385-5490