Domestic Violence Awareness: Legal Protections Available in Florida

By: Jarbath Peña Law Group

Domestic violence is a pervasive issue that affects countless individuals and families, leaving lasting scars that are not always visible. It's a pattern of abusive behavior in any relationship that one person uses to gain or maintain power and control over another. While it can be physical, it can also include emotional, sexual, financial, and psychological abuse. Understanding this issue is the first step toward addressing it. For those in Florida, knowing the legal protections available is a critical step toward safety and freedom.

This post will guide you through the legal landscape of domestic violence protections in Florida. We will cover the different forms of abuse, the legal tools available to you, and the practical steps you can take to seek help. Our goal is to provide clear, compassionate information to empower you and your loved ones.

Understanding Domestic Violence

Domestic violence is not limited to physical harm. It’s a complex pattern of behavior that can manifest in many ways. Recognizing these forms is crucial for identifying the abuse and seeking the right help.

Types of Abuse

• Physical Abuse: This includes any act of violence like hitting, slapping, pushing, or using weapons. It’s often the most visible form of abuse, but it may not be the first to appear.

• Emotional and Psychological Abuse: This can be more subtle but just as damaging. It includes constant criticism, intimidation, humiliation, and manipulation. The abuser may try to isolate you from friends and family, control your activities, or threaten you, your children, or your pets.

• Sexual Abuse: This involves any unwanted sexual contact, from unwanted touching to rape. It also includes forcing you to engage in sexual acts against your will or making demeaning sexual comments.

• Financial Abuse: An abuser might control all the household finances, prevent you from working, or run up debt in your name. This tactic makes it incredibly difficult for you to leave the relationship, as you may lack the financial resources to support yourself.

The impact of this abuse extends far beyond the immediate moment. Victims often suffer from anxiety, depression, post-traumatic stress disorder (PTSD), and chronic physical health problems. Children who witness domestic violence are also deeply affected, with potential long-term emotional and developmental challenges.

Legal Protections for Domestic Violence in Florida

Florida law is structured to protect victims of domestic violence. These protections are in place to ensure your safety and hold abusers accountable. At Jarbath Pena Law Group, our experienced attorneys can guide you through every step of the process, ensuring you understand your options and helping you decide the best course of action.

Injunctions for Protection (Restraining Orders)

One of the most powerful legal tools available is an Injunction for Protection, commonly known as a restraining order. An injunction is a court order that prohibits an abuser from having any contact with you. This includes in-person contact, phone calls, text messages, emails, and social media messages.

Who Can File for an Injunction?

You can file a petition for an injunction against a family or household member who has committed an act of domestic violence. Florida law defines "family or household member" broadly to include:

• Spouses and former spouses

• People related by blood or marriage

• People who are living together as a family or have lived together in the past

• Parents who have a child in common, regardless of whether they have been married

How to Get an Injunction

The process begins by filing a "Petition for Injunction for Protection Against Domestic Violence" with the circuit court in your county. There is no filing fee for this petition. You will need to describe the specific incidents of violence or threats of violence in detail.

1. Temporary Injunction: Based on your petition, a judge can issue a temporary injunction without the abuser being present. This is called an "ex parte" order. It is granted if the judge believes there is an immediate and present danger of domestic violence. This temporary order goes into effect immediately, and attempts will be made to serve the abuser by law enforcement as soon as it is practical. Extra copies will be provided for the victim to carry with them. This temporary order is usually in effect for up to 15 days, which is when your hearing will be scheduled. It is in effect until the other person can get served and tell their side of the story, so the judge can make its final ruling. But in the meantime, its priority is to protect the person making te allegations of abuse.

   
   

2. Final Hearing: The court will schedule a full hearing, usually within 15 days, however it may take longer based on the facts and scheduled for a later date. At this hearing, both you and the abuser will have the opportunity to present evidence, testimony, and witnesses. If more time is needed than the usual 15 minute hearing, the party needed more time can request it, and a new hearing is usually rescheduled for a later date, when the judge has adequate time to hear both sides.

   
   

3. Final Injunction: If the judge finds that you are a victim of domestic violence or have reasonable cause to believe you are in imminent danger, they will issue a final injunction. This can be granted for a specific period, such as a few months or years, or indefinitely, depending on the circumstances.

An injunction can order the abuser to stay away from your home, workplace, and your children's school. It can also grant you temporary custody of your children and require the abuser to attend a batterer's intervention program. In some instances, temporary child support or a temporary timesharing plan may be put in place.

Criminal Charges

Domestic violence is a crime in Florida. If your abuser has physically harmed you or threatened you, you can report the incident to the police. Law enforcement can arrest the abuser, and the State Attorney's Office may file criminal charges.

A criminal case is separate from the injunction process. While an injunction is a civil matter designed to protect you, a criminal case is meant to punish the abuser for breaking the law. A conviction can result in fines, probation, or jail time.

Seeking Help: Practical Steps for Victims

If you are considering leaving an abusive situation or need protection, it’s important to make a safety plan and access all available resources.

Safety Planning and Support Services

Our attorneys offer guidance on practical safety planning, including:

• Where to go for emergency shelter

• How to protect important documents and personal property

• Communicating safely with friends and family

We also work alongside support organizations and can refer you to shelters, counseling, and other community resources tailored to your needs.

Legal Aid and Representation

If you are concerned about the cost of legal services, Jarbath Pena Law Group can connect you with legal aid options or offer flexible payment arrangements to ensure you get the help you deserve.

Community and Legal Advocacy

We work with local organizations and law enforcement to ensure our clients’ safety and rights are protected. Our goal is to provide you with both practical help and strong legal advocacy every step of the way.

Your Path to Safety

Leaving an abusive relationship is a process, not a single event. It takes courage and support. At Jarbath Pena Law Group, our compassionate legal team is dedicated to supporting you through every stage of this journey. We offer:

• Confidential consultations to assess your needs and outline your options

• Assistance filing for restraining orders and other protective measures

• Representation in court hearings for injunctions and related matters

• Collaboration with support organizations to ensure your well-being beyond the courtroom

• Guidance through related legal issues, such as child custody or divorce, that often arise in domestic violence situations

If you or someone you know is experiencing domestic violence, contact us as soon as possible. We will listen without judgment, act swiftly to protect your safety, and stand by your side to help you regain control of your life.

For personalized legal assistance and information, call Jarbath Pena Law Group at 305-615-1005 or visit www.jp-lawgroup.com to schedule a confidential consultation.