Unfortunately, many Dissolution of Marriage and Paternity cases involve domestic violence. If you or your children have been victims of domestic violence or have reasonable cause to believe domestic violence is imminent, you can petition the court for an injunction for protection (IFP) Against Domestic Violence (a.k.a a restraining order). A Florida IFP Against Domestic Violence is a civil court order issued pursuant to Florida Statute §741.30 to prevent further acts of domestic violence or to prevent imminent violence.
“Domestic violence” means 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.
Furthermore, as the name implies, an IFP against domestic violence is only appropriate if there is a domestic relationship with the Respondent, meaning the person from whom you seek protection is a family or household member; i.e., a spouse, former spouse, person related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. Also, with the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit. Although beyond the scope of this article, if you seek protection from someone with whom a domestic relationship does not exist, there are other injunctions which might be appropriate depending on the particular facts of your case, such as an IFP Against Repeat Violence, an IFP Against Dating Violence, and an IFP Against Sexual Violence.
It’s important that your Petition for IFP Against Domestic Violence is properly drafted, as it must convince the judge that that you/your children have been victims of domestic violence or that there is imminent danger of such violence. If the judge is convinced, s/he might issue an immediate temporary IFP without prior notice to the Respondent. These temporary IFPs go into effect immediately after the respondent is served with a copy of it and lasts until there is a full hearing or for 15 days, whichever comes first. The judge might also deny your petition outright if the allegations are deemed insufficient or the judge can choose to set the matter for hearing without issuing a temporary IFP. At the hearing, the judge will decide whether to issue a final IFP.
At the hearing, you must present evidence to support the issuance of the final IFP, so it’s important that you preserve evidence. You should call the police as soon as possible after the domestic violence has occurred or if such violence is imminent. Testimony from law enforcement is critical if they personally witnessed the violence or physical evidence of the violence on the victim or at the scene. They can also testify to any admissions made by the Respondent or any inconsistent or implausible statements. You and/or law enforcement should photograph any physical injuries as soon as they are visible as well as any damage to the home or personal property. You should write a statement as to the violence as soon as possible while the events are fresh in your mind. Statements from any other witnesses should be obtained and those witnesses should testify at the hearing. Doorbell/security cameras on scene or in the neighborhood should be checked as soon as possible for any supporting video evidence of the domestic violence.
If the final IFP against domestic violence is issued, it can order the Respondent to have no contact with you in any form, directly or indirectly, and can order the Respondent to refrain from physically going within a certain distance of your home, your place of employment, your children’s school, and other places you frequently go. You can also request the Court grant you exclusive use and possession of the home, temporary child support, temporary alimony, a temporary parenting plan, exclusive care and possession of the family pets, and for the Respondent to be ordered to participate in treatment/counseling. Accompanying documents must be filed in conjunction with your IFP petition in order for the Court to grant certain requested relief.
If you are in need of an IFP, schedule a consultation with one of the experienced Family Law attorneys at the Rice Law Firm.