October is National Domestic Violence Month. Obviously, it is not something we celebrate, but rather to bring awareness. Many people question whether their situation qualifies for a domestic violence restraining order or domestic violence injunction as it is legally called in Florida. There are many types of abuse and if you think you are a victim, you probably are and likely can get an injunction. If you found this article and are in immediate danger, please call 911. If you want help getting out of your situation, call the national hotline at 1-800-799-7233 or text START to 88788.
Types of Injunctions
There are five classifications for domestic violence injunctions. Your attorney can help you file the right one. No matter which type, you will need to present evidence and give testimony. They are categorized as:
- Domestic Violence Restraining Order – If you have had at least one incident of violence against you by a current or former spouse or parent of your child, relative, or someone you have lived with, you will likely file this type of injunction.
- Repeat Violence Injunction – When there is ongoing violence or abuse against you and the most recent incident was in the past six months, you may file for a repeat violence restraining order.
- Sexual Violence Restraining Order – Even if the sexual violence was only attempted as long as you reported the attack to law enforcement and are cooperating in the criminal case, you may file a sexual violence injunction.
- Dating Violence Injunction – Although many people assume a person can just walk away from an abusive relationship, it is not always that easy. This type of injunction is for those in a romantic or intimate relationship. Assuming the abuse occurred in the past six months, you can file a dating violence restraining order.
- Stalking Violence Restraining Order – Are you being harassed, followed or bothered by someone repeatedly over time? You do not have to be a celebrity to be a victim of stalking. You may want to file for a stalking violence injunction before you are injured.
Who Can File for a Violence Restraining Order?
Although every case is different, in most cases the person or persons who can file for an injunction are family members or members of the same household as the perpetrator. However, it can also include former spouses or people who live or previously lived together as a family unit. Parents of a child or children, whether they were ever married or living together, can also file against one another. There are cases where third parties can file for an injunction. Usually, a perpetrator threatens or intimidates a friend or family member in an attempt to get their partner to bend to their will.
Do You Need an Attorney for Your Domestic Violence Restraining Order?
No, you can file on your own. However, with the help of an attorney you are more likely to have success. The process may also move more quickly. Experienced attorneys know what to do and how to do it quickly and accurately. Wagstaff and Pitelis is a local Pinellas County law firm that can file a domestic violence restraining order for you. Call us at (727) 584-8182 to get started on your injunction today. You can also fill out our contact form and someone in our office will contact you.