In a move that has unleashed outrage throughout the country, the Kansas’ capital city has repealed municipal criminal laws against domestic violence, resulting in suspects in domestic violence cases avoiding prosecution.
In Florida, victims of domestic violence may file for restraining orders, also known as injunctions, in civil court. Section 741.28, Florida Statutes, broadly defines domestic violence as “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated 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.” You may file a petition for injunction for protection against domestic violence if you have been the victim of an act of domestic violence or have reasonable cause to believe that you are in imminent danger of becoming of victim.
Additionally, the petitioner must be related by blood or marriage to the abuser, or must have resided with the abuser in a family-like relationship (even if it has been many years since they last lived together). Courts have held that same-sex partners, if they have lived together, may have the protection of domestic violence injunctions.
If a victim does not qualify for a domestic violence injunction, he or she may still seek a restraining order for protection against dating violence, sexual violence, or repeat violence.
If you have questions about restraining orders and are looking to retain a Florida domestic violence attorney, contact The Law Firm of Adam B. Cordover, P.A., by calling us at (813) 443-0615 or filling out our contact form.