Ms. Horton fights for each one of her clients, every step of the way. If the case cannot be settled out of court, Ms. Horton will be litigating your case at trial. The Horton Law Group, P.A. is a boutique civil litigation law firm that only takes on a limited number of cases so that personal attention can be given to every client. Make the right call – schedule a free 30-minute consultation with Ms. Horton. You can make an appointment by calling 561-299-0018 or emailing [email protected].
What Are The Types of Domestic Violence?
In Florida, there are 5 different type of Domestic Violence Injunctions that you can obtain to stop the abuse:
- Injunction to prohibit Domestic Violence
- Injunction to prohibit Sexual Violence
- Injunction to prohibit Dating Violence
- Injunction to prohibit Repeat Violence
- Injunction to prohibit Stalking, Harassment or Cyberstalking
PERMANENT INJUNCTION TO PROHIBIT DOMESTIC VIOLENCE
Under Fla. Stat. 741.30, the State of Florida provides relief to those who are victims of domestic violence. Domestic violence is defined as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, aggravated stalking, 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. Fla. Stat. 741.28(3).
The exception to the requirement of being a family member or member of the household, is when minor children are the victims of domestic violence. Fla. Stat. 741.28(3). Any party can file a petition on behalf of minor children if the children have bene victims of domestic violence or if they are in immediate damage of being victims of domestic violence or being kidnapped.
Burden of Proof
You must show that you are a victim of domestic violence or that you reasonably believe that you are in imminent danger of becoming a victim of domestic violence.
Domestic Violence Procedure
- First, you call the Horton Law Group, P.A. to represent you
- We will prepare the required documents to file on your behalf, including the petition for protection against domestic violence
- We will file the matter as “an emergency”
- Within 24 hours the court will either grant a temporary injunction and set a final hearing on a permanent injunction within 15 days OR not issue a temporary injunction but give you the opportunity to persuade the court at a final hearing that a permanent injunction should be granted.
Final Hearings are held within 15 days. This means time is of the essence to prepare your case for trial. If you are thinking of filing a petition for protection against domestic violence OR if you have been served with a petition for protection from domestic violence, you need to contact the Horton Law Group, P.A. immediately.
Until the time of the final hearing, the trial court can order temporary relief in the form of a temporary injunction. Temporary injunctions can order:
- 100% timesharing to one parent
- Exclusive use of a martial home
- Financial support in the form of child support or spousal abuse
- No contact by the aggressor at a myriad of locations
- The surrender of the aggressors’ firearms and weapons
The respondent must be served with process before a final hearing on a permanent injunction can take place.
At A Final hearing, after hearing all the testimony of the parties and witnesses and analyzing the evidence presented, the trial court can do two things:
- Issue a permanent order of protection, or
- Deny the petition for protection against domestic violence.
If the injunction is granted PERMANENTLY, the Court can award:
- A permanent restraining order against the offender (Fla. Stat. 741.20(6)(A)(1));
- Exclusive use and possession of a shared dwelling or excluding the offending party from your resident, (Fla. Stat. 741.30(6)(a)(2);
- 100% timesharing to the petitioner.
- Require the offending party to attend treatment, intervention, anger management, parenting classes or counseling at their own cost. (Fla. Stat. 741.30(6)(d)(1)).
The rights of the respondent
When a permanent injunction for protection of domestic violence is issued against you, your life will be forever changed. You cannot possess firearms. You cannot violate the injunction. If you violate the injunction, you will be arrested. Charges may be filed against you for violations. You may have difficulty finding employment as a permanent injunction will be on your record PERMANENTLY. You may be ordered not to have contact with your children.
Options of the respondent
If a permanent injunction for protection for domestic violence has been issued against you, you have 3 options:
- Do nothing
- File a motion for rehearing and thereafter file an appeal
- Wait a period of time then file a motion to dissolve the injunction based upon a substantial change in circumstance.
Repeat Violence Injunction
Under Fla. Stat. 784.046, the State of Florida provides relief to those who are victims of Repeat Violence.
Who can file a Repeat Violence Injunction?
You can file a petition for protection from Repeat Domestic Violence when there have been at least two incidents of violence or stalking by the offending party. At least once occurrence though must be within the last 6 months. (Fla. Stat. 784.046(1)).
If the party against whom the injunction is sought is a parent, stepparent, or legal guardian of the minor child, the parent filing on behalf of the minor child must have been an eyewitness to or must have direct physical evidence of affidavits from eyewitnesses to, the specific facts and circumstances that form the basis of the relief sought. (Fla. Stat. 784.046(4)(a)(1)). If the party against whom the injunction is sought is NOT a parent, stepparent, or legal guardian, the parent filing on behalf of a minor child living at home must have reasonable cause to believe that the minor child is a victim of repeat violence to form the basis on which relief is sought. (Fla. Stat. 784.046(4)(a)(2))
Standard for a Domestic Violence Injunction to be Granted:
You must fear repeat violence by the offending party.
Repeat Domestic Violence Procedure
- First, you call the Horton Law Group, P.A. to represent you
- We will prepare the required documents to file on your behalf, including the petition for protection against domestic violence
- We will file the matter as “an emergency”
- Within 24 hours the court will either grant a temporary injunction and set a final hearing on a permanent injunction within 15 days OR not issue a temporary injunction but give you the opportunity to persuade the court at a final hearing that a permanent injunction should be granted.
Final Hearings are held within 15 days. This means time is of the essence to prepare your case for trial. If you are thinking of filing a petition for protection against domestic violence OR if you have been served with a petition for protection from domestic violence, you need to contact the Horton Law Group, P.A. immediately.
Until the time of the final hearing, the trial court can order temporary relief in the form of a temporary injunction. Temporary injunctions can order:
- 100% timesharing to one parent
- Exclusive use of a martial home
- Financial support in the form of child support or spousal abuse
- No contact by the aggressor at a myriad of locations
- The surrender of the aggressors’ firearms and weapons
The respondent must be served with process before a final hearing on a permanent injunction can take place.
At A Final hearing, after hearing all the testimony of the parties and witnesses and analysing the evidence presented, the trial court can do two things:
Issue a permanent order of protection, or
Deny the petition for protection against domestic violence.
If the injunction is granted PERMANENTLY, the Court can award:
- A permanent restraining order against the offender (Fla. Stat. 741.20(6)(A)(1));
- Exclusive use and possession of a shared dwelling or excluding the offending party from your resident, (Fla. Stat. 741.30(6)(a)(2);
- 100% timesharing to the petitioner.
- Require the offending party to attend treatment, intervention, anger management, parenting classes or counseling at their own cost. (Fla. Stat. 741.30(6)(d)(1)).
The rights of the respondent
When a permanent injunction for protection of domestic violence is issued against you – your life will be forever changed. You cannot possess firearms. You cannot violate the injunction. If you violate the injunction, you will be arrested. Charges may be filed against you for violations. You may have a difficult time finding employment as a permanent injunction will be on your record PERMANENTLY. You may be ordered not to have contact with your children.
Options of the respondent
If a permanent injunction for protection for domestic violence has been issued against you, you have 3 options:
- Do nothing
- File a motion for rehearing and thereafter file an appeal
- Wait a period of time then file a motion to dissolve the injunction based upon a substantial change in circumstance.
- DATING VIOLENCE INJUNCTION
Under Fla. Stat. 784.046, the State of Florida provides relief to victims suffering from Dating Violence.
Who can file a Dating Violence Injunction?
You can file a petition for protection against Dating Violence against someone who you have engaged in a dating relationship within the last 6 months. The relationship in which the filer claims must be one in which affection is and expectation – not a casual relationship. (Fla. Stat. 784.046(4)(b)).
Standard for a Dating Violence Injunction to be Granted:
You must show that you are a victim of dating violence, and you have reasonable fear that you are in immediate danger of becoming a victim again or reasonably believes that you are in immediate danger of becoming a victim of dating violence.
Dating Violence Domestic Injunction Procedure
- First, you call the Horton Law Group, P.A. to represent you
- We will prepare the required documents to file on your behalf, including the petition for protection against domestic violence
- We will file the matter as “an emergency”
- Within 24 hours the court will either grant a temporary injunction and set a final hearing on a permanent injunction within 15 days OR not issue a temporary injunction but give you the opportunity to persuade the court at a final hearing that a permanent injunction should be granted.
Final Hearings are held within 15 days. This means time is of the essence to prepare your case for trial. If you are thinking of filing a petition for protection against domestic violence OR if you have been served with a petition for protection from domestic violence, you need to contact the Horton Law Group, P.A. immediately.
Until the time of the final hearing, the trial court can order temporary relief in the form of a temporary injunction. Temporary injunctions can order:
- 100% timesharing to one parent
- Exclusive use of a martial home
- Financial support in the form of child support or spousal abuse
- No contact by the aggressor at a myriad of locations
- The surrender of the aggressors’ firearms and weapons
The respondent must be served with process before a final hearing on a permanent injunction can take place.
At A Final hearing, after hearing all the testimony of the parties and witnesses and analyzing the evidence presented, the trial court can do two things:
Issue a permanent order of protection, or
Deny the petition for protection against domestic violence.
If the injunction is granted PERMANENTLY, the Court has the ability to award:
- A permanent restraining order against the offender (Fla. Stat. 741.20(6)(A)(1));
- Exclusive use and possession of a shared dwelling or excluding the offending party from your resident, (Fla. Stat. 741.30(6)(a)(2);
- 100% timesharing to the petitioner.
- Require the offending party to attend treatment, intervention, anger management, parenting classes or counseling at their own cost. (Fla. Stat. 741.30(6)(d)(1)).
The rights of the respondent
When a permanent injunction for protection of domestic violence is issued against you – your life will be forever changed. You cannot possess firearms. You cannot violate the injunction. If you violate the injunction, you will be arrested. Charges may be filed against you for violations. You may have a difficult time finding employment as a permanent injunction will be on your record PERMANENTLY. You may be ordered not to have contact with your children.
Options of the respondent
If a permanent injunction for protection of domestic violence has been issued against you, you have 3 options:
- Do nothing
- File a motion for rehearing and thereafter file an appeal
- Wait a period of time then file a motion to dissolve the injunction based upon a substantial change in circumstance.
Why Hire the Horton Law Group, P.A?
The principal partner at the Horton Law Group, P.A., Attorney Sommer C. Horton, is an experienced and aggressive litigator. She is highly regarded for her creativeness, strategic judgment, and her uncanny ability to deliver persuasive legal arguments in the courtroom. She has a tremendous skill for being an aggressive advocate for her clients, while being one who understands and appreciates how trying litigation can be, thus, she is extremely sensitive to her clients’ needs. Ms. Horton is passionate about the law and believes in seeking justice for her clients in an ethical and economic manner. Ms. Horton fights for each one of her clients, every step of the way. If the case cannot be settled out of court, Ms. Horton will be litigating your case at trial. The Horton Law Group, P.A. is a boutique civil litigation law firm that only takes on a limited number of cases so that personal attention can be given to every client. Make the right call – schedule a free 30-minute consultation with Ms. Horton. You can make an appointment by calling 561-299-0018 or emailing [email protected].
SEXUAL VIOLENCE INJUNCTION
Under Fla. Stat. 784.046, the State of Florida provides relief to victims suffering from Sexual Violence.
Who can file a Sexual Violence Injunction?
If you have been a victim or sexual abuse or rape, you can file a petition for protection against sexual violence. You can file a petition for protection against sexual violence on behalf of a minor if that child is a victim of sexual violence, lewd or lascivious action upon or in the presence of a person younger than 16 years old, the luring or enticing of a child, or sexual performance of a child. This type of injunction is often filed directly after the filing of a police report/incident with the police department. The Horton Law Group, P.A. encourages you to speak up, file a police report and proceed with a petition for protection of domestic violence if you or someone you love is a victim.
– A victim, parent, or guardian of a minor child can file a Sexual Violence Injunction against an offender. (Fla. Stat. 784.046(2)(c)(1)).
– A Sexual Violence Injunction protects you from the offending party whose prison sentence has expired or is going to expire within 90 days. (Fla. Stat. 784.046(2)(c)(2)).
Standard for a Sexual Violence Injunction to be Granted:
You must provide you were a victim or sexual violence or that you are in imminent fear that you will be a victim of sexual violence. Contrary to what many people think, a married person can file a petition for protection against sexual violence against a spouse. NO ALWAYS MEANS NO.
These times of cases are tricky and emotional, and the stakes are high. You should never proceed with this type of litigation without an experienced and aggressive attorney on your side. If you have questions about your rights, please call the Horton Law Group, P.A. today to schedule a free consultation.
Sexual Domestic Violence Procedure
- First, you call the Horton Law Group, P.A. to represent you
- We will prepare the required documents to file on your behalf, including the petition for protection against domestic violence
- We will file the matter as “an emergency”
- Within 24 hours the court will either grant a temporary injunction and set a final hearing on a permanent injunction within 15 days OR not issue a temporary injunction but give you the opportunity to persuade the court at a final hearing that a permanent injunction should be granted.
Final Hearings are held within 15 days. This means time is of the essence to prepare your case for trial. If you are thinking of filing a petition for protection against domestic violence OR if you have been served with a petition for protection from domestic violence, you need to contact the Horton Law Group, P.A. immediately.
Until the time of the final hearing, the trial court can order temporary relief in the form of a temporary injunction. Temporary injunctions can order:
- 100% timesharing to one parent
- Exclusive use of a martial home
- Financial support in the form of child support or spousal abuse
- No contact by the aggressor at a myriad of locations
- The surrender of the aggressors’ firearms and weapons
The respondent must be served with process before a final hearing on a permanent injunction can take place.
At A Final hearing, after hearing all the testimony of the parties and witnesses and analyzing the evidence presented, the trial court can do two things:
Issue a permanent order of protection, or
Deny the petition for protection against domestic violence.
If the injunction is granted PERMANENTLY, the Court can award:
- A permanent restraining order against the offender (Fla. Stat. 741.20(6)(A)(1));
- Exclusive use and possession of a shared dwelling or excluding the offending party from your resident, (Fla. Stat. 741.30(6)(a)(2);
- 100% timesharing to the petitioner.
- Require the offending party to attend treatment, intervention, anger management, parenting classes or counseling at their own cost. (Fla. Stat. 741.30(6)(d)(1)).
The rights of the respondent
When a permanent injunction for protection of domestic violence is issued against you – your life will be forever changed. You cannot possess firearms. You cannot violate the injunction. If you violate the injunction, you will be arrested. Charges may be filed against you for violations. You may have a difficult time finding employment as a permanent injunction will be on your record PERMANENTLY. You may be ordered not to have contact with your children.
Options of the respondent
If a permanent injunction for protection of domestic violence has been issued against you, you have 3 options:
- Do nothing
- File a motion for rehearing and thereafter file an appeal
- Wait a period of time then file a motion to dissolve the injunction based upon a substantial change in circumstance.
STALKING INJUNCTION
Stalking is the malicious, repeated following, harassing, or cyberstalking of another person. At a minimum, two incidents of stalking or harassment are required before an injunction for protection against stalking will be issued. Under Fla. Stat. 784.0485.
Who can file a Stalking Injunction?
Anyone who is a victim of stalking, harassment or cyberstalking can file a petition for protection against stalking. The petition can be filed in the circuit where you currently or temporarily reside, where the offending party resides, or where the stalking occurred. (Fla. Stat. 784.0485(1)(f)).
Standard for a Stalking Injunction to be Granted:
– For a Stalking Injunction to be granted there must have been two incidents or stalking, harassment or cyber stalking. (Fla. Stat. 784.0485(1)).
Domestic Violence (stalking, harassment or cyberstalking) Procedure
- First, you call the Horton Law Group, P.A. to represent you
- We will prepare the required documents to file on your behalf, including the petition for protection against domestic violence
- We will file the matter as “an emergency”
- Within 24 hours the court will either grant a temporary injunction and set a final hearing on a permanent injunction within 15 days OR not issue a temporary injunction but give you the opportunity to persuade the court at a final hearing that a permanent injunction should be granted.
Final Hearings are held within 15 days. This means time is of the essence to prepare your case for trial. If you are thinking of filing a petition for protection against domestic violence OR if you have been served with a petition for protection from domestic violence, you need to contact the Horton Law Group, P.A. immediately.
Until the time of the final hearing, the trial court can order temporary relief in the form of a temporary injunction. Temporary injunctions can order:
- 100% timesharing to one parent
- Exclusive use of a martial home
- Financial support in the form of child support or spousal abuse
- No contact by the aggressor at a myriad of locations
- The court can prevent the aggressor from contacting you, posting negative comments about you online or by publishing negative comments about you to third parties, in any fashion.
- The surrender of the aggressors’ firearms and weapons
The respondent must be served with process before a final hearing on a permanent injunction can take place.
At A Final hearing, after hearing all the testimony of the parties and witnesses and analyzing the evidence presented, the trial court can do two things:
Issue a permanent order of protection, or
Deny the petition for protection against domestic violence.
If the injunction is granted PERMANENTLY, the Court has the ability to award:
- A permanent restraining order against the offender (Fla. Stat. 741.20(6)(A)(1));
- Exclusive use and possession of a shared dwelling or excluding the offending party from your resident, (Fla. Stat. 741.30(6)(a)(2);
- 100% timesharing to the petitioner.
- Require the offending party to attend treatment, intervention, anger management, parenting classes or counseling at their own cost. (Fla. Stat. 741.30(6)(d)(1)).
The rights of the respondent
When a permanent injunction for protection of domestic violence is issued against you – your life will be forever changed. You cannot possess firearms. You cannot violate the injunction. If you violate the injunction, you will be arrested. Charges may be filed against you for violations. You may have difficulty finding employment as a permanent injunction will be on your record PERMANENTLY. You may be ordered not to have contact with your children.
Options of the respondent
If a permanent injunction for protection of domestic violence has been issued against you, you have 3 options:
- Do nothing
- File a motion for rehearing and thereafter file an appeal
- Wait a period of time then file a motion to dissolve the injunction based upon a substantial change in circumstance.
What do I do if I have an injunction against someone and they violate it?
There are numerous ways to violate a Domestic Violence Injunction. Violations of Domestic Violence Injunctions are crimes and said violations should be immediately reported to the police and the Horton Law Group, P.A.
Such violations include but are not limited to:
- Refusing to vacate the dwelling that the parties share if exclusive use was ordered;
- Going within 500 feet of your residence, school, place of employment, or a specified place frequented regularly by you and any named family or household member;
- Committing an act of violence against you
- Contacting you directly or indirectly through a third person
- Committing any other violation of the injunction through unlawful threat, word or act to do violence to you;
- Telephoning, contacting or otherwise communicating with you directly or indirectly, unless the injunction specifically allows indirect contact through a third party;
- Knowingly or intentionally coming within 100 feet of your vehicle, whether occupied or not;
- Defacing or destroying your personal property, including their motor vehicle or
- Refusing to surrender firearms or ammunition if ordered to do so by the court.
If the offending party violates the domestic violence injunction, the Court may hold the aggressor in civil or criminal contempt or the state attorney may prosecute the aggressor criminally, is violations of domestic violence injunctions are crimes under Fla. Stat. 741.31 and the applicable penal code.
Someone who has willfully violated an injunction for protection commits a misdemeanor in the first degree (Fla. Stat. 741.31.(4)(a)). Someone who has violated an injunction 2 or more times against the same victim commits a felony in the third degree. Any person that suffers an injury because of a violation of an injunction for prediction may be awarded economic damages for that injury and/or loss by the court issuing the injunction. Such damages can include costs and attorney’s fees for enforcement of the injunction. (Fla. Stat. 784.047(2)).
Why Hire the Horton Law Group, P.A?
The principal partner at the Horton Law Group, P.A., Attorney Sommer C. Horton, is an experienced and aggressive litigator. She is highly regarded for her creativeness, strategic judgment, and her uncanny ability to deliver persuasive legal arguments in the courtroom. She has a tremendous skill for being an aggressive advocate for her clients, while being one who understands and appreciates how trying litigation can be, thus, she is extremely sensitive to her clients’ needs. Ms. Horton is passionate about the law and believes in seeking justice for her clients in an ethical and economic manner. Ms. Horton fights for each one of her clients, every step of the way. If the case cannot be settled out of court, Ms. Horton will be litigating your case at trial. The Horton Law Group, P.A. is a boutique civil litigation law firm that only takes on a limited number of cases so that personal attention can be given to every client. Make the right call – schedule a free 30-minute consultation with Ms. Horton. You can make an appointment by calling 561-299-0018 or emailing [email protected].
What do I do if a permanent injunction for protection against domestic violence was wrongfully issued against me?
If a petition for domestic violence has been filed against you and you DO NOT show up at the final hearing on the issuance of a permanent injunction for protection against domestic violence, THE PERMANENT INJUNCTION WILL BE GRANTED.
In order to vacate or dissolve the permanent injunction, you must file a timely motion for rehearing (within 15 days of the injunction being issued), file a timely appeal (within 30 days of the injunction being issued) or file a motion to dissolve the injunction based upon a substantial change in circumstance.
Regardless which of the three ways you wish to proceed with, these types of cases are litigious and tough to win. You need qualified and aggressive legal counsel to fight for you.