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Domestic Violence Restraining Orders In Florida And What You Need To Know

It is always good to know and review your rights when you may need help

Domestic Violence Explained

Domestic violence in Florida is defined as assault or battery including ones that are aggravated and sexaul in nature, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death, committed by a family or household member against another family or household member.

“Family or household member” refers to any of the following persons:

  • current or former spouses
  • persons related by blood or marriage
  • persons currently or formerly residing together as if a family, or
  • parents who have a child in common, regardless of whether they were at any time married.

With the exception of parents who have a child in common, the persons must currently or previously have resided together in the same single dwelling unit in order to be considered a family or household member under Florida law. (Fla. Stat. § 741.28).

What Is A Domestic Violence Restraining Order?

A Domestic Abuse Restraining Order is a form of restraining order or order of protection used under the domestic abuse laws.

How To File An Order

Even if you have not been physically battered, you can still qualify for an injunction if the judge believes you are in immediate danger of becoming a victim of domestic violence. When deciding this, the judge will look at the following factors:

  1. The history between you and the respondent, including threats, harassment, stalking, and physical abuse;
  2. If the respondent has attempted to harm you or family members or individuals closely associated with you;
  3. If the respondent has threatened to conceal, kidnap, or harm your child;
  4. If the respondent has intentionally injured or killed a family pet;
  5. If the respondent has used, or has threatened to use, any weapons such as guns or knives against you;
  6. If the respondent has physically restrained you from leaving the home or calling law enforcement;
  7. If the respondent has a criminal history involving violence or the threat of violence;
  8. If there was a prior order of protection issued against the respondent;
  9. If the respondent has destroyed personal property of yours (e.g., telephone, clothing, or other items belonging to you);
  10. Whether the respondent has behaved in any other way that leads you to reasonably believe that you are in immediate danger of becoming a victim of domestic violence.

Why It Is Good To Know

Filling a restraining order is an excellent way to build up protection from an attacker. Tim Fleming Law Center wants to make sure all Florida residents know their rights so that if they know of an incident that occurred or was the victim of a crime, they can know what the law can do to protect them.


Written By Jack Hindle
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