All relationships can be tumultuous at times, but violence in a relationship hurts the victimized partner physically, mentally, and emotionally. Domestic violence injunctions are a legal step you can take to protect yourself and other people who may be in the household. Injunctions are often the first step toward the abuser actually facing punishment for their actions.
Read on to learn all about domestic violence injunctions and how to protect yourself in a potentially violent situation.
What Is Domestic Violence?
Domestic violence is any harm against a family or household member that is caused by another family or household member. This includes crimes such as assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, and false imprisonment. Any intentional action that causes (or attempts to cause) physical injury, mental or emotional damage, or death is domestic violence.
For the sake of the injunction, the domestic violence does not have to occur. If you have reasonable belief that domestic violence will occur, a petition for an injunction can be filed. This reasonable belief often originates from threats or attempted violence.
Who Constitutes A Household?
The most basic definition is people who live together or lived together in the past in a single unit. A majority of the time, these people are related by blood or marriage, although that is not required.
A couple is still a household if they share a baby outside of wedlock. Any violence that they may inflict on one another is domestic violence. Even if they have never lived together.
What Is An Injunction?
“Injunction” is simply the formal term for restraining order. Injunctions prohibit one person from taking certain actions.
First, the victimized person must file a petition for an injunction. Injunctions give the court the power to pursue the abuser legally.
If somebody breaks an injunction, then the law can punish them properly. These punishments result in fines and jailtime. The more often someone violates an injunction, the more severe their punishment. The existence or violation of an injunction also has significant impact on custody cases.
Types of Injunctions
If you are experiencing violence that does not fall under the domestic violence category, there are other options for you. The state of Florida also has a wide variety of other restraining orders that you can use to protect yourself.
- Repeat Violence Injunctions
A viable option if you have experienced two or more instances of violence or stalking. There does not have to be any sort of defined relationship between the aggressor and the victim. The two can be complete strangers, as long as there is the previously documented issues.
- Sexual Violence Injunctions
This restraining order is available if behavior that fits the definition of criminal sexual acts has occurred. Even if a prosecutor dismisses charges, a sexual violence injunction is an option.
- Stalking Injunction
If you endure multiple instances of stalking, a stalking injunction is the best option for you. This includes physical stalking, cyberstalking, and harassment.