A: A criminal injunction is a court order in a criminal case that arose out of a violent action. A civil injunction is a court order entered in a civil case that may have arisen out of the same violent action.
A: There are 4 types of injunctions that may be entered that are considered Family Court Cases.
Domestic Violence Injunction: this action is available if the respondent presently resides with you, or has lived with you in the past as a member of the family, such as a spouse, former spouse, person related by blood or marriage, person who as lived together with you as though he/she was your spouse, or person with whom you have had a child, even if you have never lived together.
Repeat Violence Injunction: This action is available if you have been the victim of assault, battery or sexual battery violence by the respondent at least twice within the past 6 months. The following conditions should also be met (a) You and the respondent aren't related by blood; (b) You and the respondent have no children together; and (c) You and the respondent have never lived together.
Sexual Violence: This action is available if you have reported the sexual violence to a law enforcement agency and are cooperating in any criminal proceedings against the respondent and the respondent who committed the sexual violence was sentenced to a term of imprisonment in state prison and the term of imprisonment has expired or is due to expire within 90 days following the date the petition is filed.
Dating Violence: This action is available if you and respondent have or have had a continuing and significant relationship of a romantic nature which is based on consideration of the following factors (a) The dating relationship existed within the last 6 months (b) The nature of the relationship is characterized by the expectation of affection or sexual involvement between the parties and (c) The frequency and type of interaction must be based on the parties involvement over time and on a continuous basis during the course of the relationship.
A: During normal working hours, the petition for injunction should be filed with the Clerk of Court in one of the 3 courthouses in the county. Personnel at the Marion Glass Domestic Abuse Shelter and the Monroe County Sheriff Victim Advocates will help in providing the forms and making sure they are submitted to the right person.
A: The injunction process begins when you fill out the petition for an injunction at one of the locations listed above. The Clerk of the Court where you filed the petition will take the paperwork to the judge for review. If the judge decides the sworn allegations contained in the paperwork meet the requirements of Florida law for the issuance of an injunction, the judge will enter a temporary injunction which is valid for 15 days. A hearing date will be contained in the order for temporary injunction and the Sheriff's s office will serve the temporary injunction on the respondent (the person whom the injunction is against). At the court hearing there will be one of three options 1) A dismissal of the injunction; 2) An extension of the injunction until a specific date; or 3) A permanent injunction which will be effective unit it is changed or ended by a judge at either party s request, after a notice and haring.
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