According to Florida Law, “domestic violence” means “any assault, battery, sexual assault, sexual battery, or any criminal offense resulting in physical injury or death of one family or household member by another who is or was residing in the same single dwelling unit.”  The term “family or household member” includes “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 have a child in common regardless of whether they have been married or have resided together at any time.”

Any person who is a “victim of domestic violence or has reasonable cause to believe he or she is about to become a victim of any act of domestic violence,” has the ability to file a sworn petition for an injunction for protection against domestic violence.

As part of the domestic violence injunction proceeding, a Court may temporarily determine other issues, such as a parenting plan and time-sharing of the children, occupancy of the home and child support.

The initial purpose of the domestic violence proceedings is to obtain an emergency injunction from the Court protecting the victim from further abuse.  In an action for an injunction, the Petitioner can be represented by an attorney but is not required by law to have one.  In the event the person is not represented by counsel, the clerk of the court can provide the necessary forms, statutory information and assistance in filling out and preparing the forms.

Upon filing of the petition, a circuit judge will review the affidavit to determine whether an immediate and present danger exists.  If the Court determines that such a danger exists, it will enter an emergency temporary injunction.  The Court will only review the affidavit and will not speak to the Petitioner; therefore, the petitioner must make sure that specific facts and circumstances describing the violence and any injuries involved or creating the fear of imminent violence must be clearly stated in the petition.

The temporary emergency injunction is only effective for a period of fifteen days.  A full hearing date shall be set at the time of the entry of the injunction where the responding party will have an opportunity to appear before the Court.  After the hearing, the Court has the ability to enter whatever relief felt to be appropriate at that time.

Any injunctive relief granted at a hearing remains in full force and effect until it is modified or dissolved by the court.  The parties cannot change the terms contained in the injunction, nor may they dissolve it without going before the court.