INJUNCTION &
RESTRAINING ORDER
ATTORNEYS
ORLANDO, FLORIDA


WHAT IS AN INJUNCTION?
An injunction, also called a restraining order, orders a person to abide by certain conditions, usually
forbidding them to have contact with someone.  There are 4 types of injunctions; they are injunctions against:

Domestic Violence; When it appears to the court that the petitioner (the person seeking the
injunction) is either the victim of domestic violence as defined by Florida law  or has reasonable
cause to believe he or she is in imminent danger of becoming a victim of domestic violence, the court
may grant relief.
"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.
The court may grant relief such as:
Restraining the respondent from committing any acts of domestic violence
Awarding to the petitioner the exclusive use and possession of the dwelling that the
parties share or excluding the respondent from the residence of the petitioner.
Providing the petitioner with 100 percent of the time-sharing in a temporary parenting
plan that shall remain in effect until the order expires or an order is entered by a court of
competent jurisdiction in a pending or subsequent civil action or proceeding affecting
the placement of, access to, parental time with, adoption of, or parental rights and
responsibilities for the minor child.
Establishing temporary support for a minor child or children or the petitioner. An order
of temporary support remains in effect until the order expires or an order is entered by a
court of competent jurisdiction in a pending or subsequent civil action or proceeding
affecting child support.
Ordering the respondent to participate in treatment, intervention, or counseling services
to be paid for by the respondent, including a in a batterers' intervention program.
Referring a petitioner to a certified domestic violence center.
Ordering such other relief as the court deems necessary for the protection of a victim of
domestic violence, including injunctions or directives to law enforcement agencies, as
provided in this section.

Repeat Violence:
"Repeat violence" means two incidents of violence or stalking committed by the
respondent, one of which must have been within 6 months of the filing of the petition,
which are directed against the petitioner or the petitioner's immediate family member.
Relief may include:
Enjoining the respondent from committing any acts of violence.
Ordering such other relief as the court deems necessary for the protection of
the petitioner, including injunctions or directives to law enforcement agencies,
as provided in this section.
The terms of the injunction shall remain in full force and effect until modified or
dissolved. Either party may move at any time to modify or dissolve the
injunction. Such relief may be granted in addition to other civil or criminal
remedies.


Dating Violence.  "Dating violence" means violence between individuals who have or have had
a continuing and significant relationship of a romantic or intimate nature. The existence of
such a relationship shall be determined based on the consideration of the following factors:
A dating relationship must have existed within the past 6 months;
The nature of the relationship must have been characterized by the expectation of
affection or sexual involvement between the parties; and
The frequency and type of interaction between the persons involved in the relationship
must have included that the persons have been involved over time and on a continuous
basis during the course of the relationship.
The term does not include violence in a casual acquaintanceship or violence between
individuals who only have engaged in ordinary fraternization in a business or social
context.
Any person who is the victim of dating violence and has reasonable cause to believe
he or she is in imminent danger of becoming the victim of another act of dating
violence, or any person who has reasonable cause to believe he or she is in imminent
danger of becoming the victim of an act of dating violence, or the parent or legal
guardian of any minor child who is living at home and who seeks an injunction for
protection against dating violence on behalf of that minor child, has standing in the
circuit court to file a sworn petition for an injunction for protection against dating
violence.

Sexual Violence:
"Sexual violence" means any one incident of the following, regardless of whether
criminal charges based on the incident were filed, reduced, or dismissed by the state
attorney:
Sexual battery, as defined by Florida statutes;
A lewd or lascivious act, as defined by Florida law, committed upon or in the
presence of a person younger than 16 years of age;
Luring or enticing a child, as defined by Florida statutes;
Sexual performance by a child, as defined by Florida statutes; or
Any other forcible felony wherein a sexual act is committed or attempted.
A person who is the victim of sexual violence or the parent or legal guardian of a minor
child who is living at home who is the victim of sexual violence has may file a sworn
petition for an injunction for protection against sexual violence on his or her own behalf
or on behalf of the minor child if:
The person has reported the sexual violence to a law enforcement agency and
is cooperating in any criminal proceeding against the respondent, regardless of
whether criminal charges based on the sexual violence have been filed,
reduced, or dismissed by the state attorney; or
The respondent who committed the sexual violence against the victim or minor
child was sentenced to a term of imprisonment in state prison for the sexual
violence and the respondent's term of imprisonment has expired or is due to
expire within 90 days following the date the petition is filed.
The Court may issue relief  the court deems proper, including an injunction:
Enjoining the respondent from committing any acts of violence.
Ordering such other relief as the court deems necessary for the
protection of the petitioner, including injunctions or directives to law
enforcement agencies, as provided in this section.
The terms of the injunction shall remain in full force and effect until
modified or dissolved. Either party may move at any time to modify or
dissolve the injunction. Such relief may be granted in addition to other
civil or criminal remedies.
The hiring of an attorney is an important decision that should not be based solely on advertisements.  
Before you decide, ask us to send you free written information concerning our qualifications and
experience.  

Private Counsel LLC is a private law firm located in Orlando, Florida, practicing criminal defense, DUI defense, juvenile
defense, traffic charges, traffic tickets, drug charges, domestic violence, injunctions/restraining orders, violations of
probation (VOP) and community control.  Cases primarily in Orange County, Seminole County, and Osceola County,
Florida.  

This website and information contained herein is not legal advice and not intended to be taken as legal advice. Please
contact Private Counsel, LLC or another Florida attorney for individual advice regarding your own situation.

Copyright © 2007 by PRIVATE COUNSEL, LLC. All rights reserved.
Our lawyers offer free consultations.  
We are available for after-hours
consultations and in-jail visits.

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PRIVATE COUNSEL, LLC ♦ DEFENSE ATTORNEYS
733 WEST COLONIAL DRIVE, ORLANDO, FLORIDA 32804
(407) 849-2949
If you are facing an injunction (commonly referred to as a
"restraining order") or are seeking one against someone
else, you may want to speak with an attorney regarding
your legal rights.  

You should be sure your rights are protected and that at
a hearing on the requested injunction, that proper
evidence is presented on your behalf.