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Kelvin Soto, Esq. |
Injunction ProtectionAn Injunction for Protection, sometimes referred to as a “restraining order,” is a means of getting legal protection, that directs the person not to have any contact with you, whether or not you have ever called the police or pressed charges. You do not need to have a lawyer to obtain an Injunction for Protection.
Who can get an Order for Protection against Domestic Violence?You may be entitled to obtain an Injunction under Florida Law if you fit into one of the following categories: Domestic ViolenceFlorida Statute 741.30 (Domestic Violence) Your relationship with the person whom the Injunction is being filed against must be that of:
“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. The Judge must believe that an immediate and present danger of domestic violence exists in order to grant a Temporary Injunction. Repeat Violence“Repeat Violence” means two incidents of violence or stalking committed by the Respondent, one of which must have been within six (6) months of the filing of the petition, which are directed against the Petitioner or the Petitioner’s immediate family member. There is created a cause of action for an Injunction for Protection in cases of repeat violence.
The Victims Assistance will provide a copy of this section, simplified forms, and clerical assistance for the preparation and filing of such a petition by any person who is not represented by counsel.
Sexual Violence“Sexual violence” means any one incident of:
Dating Violence“Dating Violence” means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on the consideration of the following factors:
Stalking ViolenceThe Petitioner must be a victim of stalking or cyberstalking committed by the respondent. A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits stalking. What can the Injunction do for you? The Injunction can provide such relief as the court deems proper, including:
The Judge can order other help, depending upon the circumstances. What are the costs?There is no fee for an injunction. Where can I obtain an Injunction? You can petition the court for an Injunction for Protection Against Domestic Violence by going to the Injunction Processing Unit, located on the second floor at the Osceola County Courthouse, Domestic Department, 2 Courthouse Square, Kissimmee, Florida. The Injunction Processing Unit will assist you in filing your petition and can provide you with the necessary assistance in obtaining emergency shelter at Help Now, Inc., a local shelter for domestic violence victims. The Injunction Processing Unit can also assist you by referring you to other community resources as needed. Once you file your petition, the Clerk’s office will take the file to the Judge for his/her review. If the Judge finds merit in the petition, he/she will enter a Temporary Order for Protection Against Domestic Violence. If the Domestic Violence occurs after regular business hours or on weekends or holidays, you may call the Domestic Violence Hot Line in Osceola County, (407) 847-8562 for further instructions. What happens after the Judge grants the Temporary Injunction for Protection Against Domestic Violence? The Respondent must be personally served with a copy of the petition, notice of hearing and Temporary Injunction. The formal hearing will be scheduled within a maximum of fifteen (15) days from the date that the temporary order was granted. Injunction Hearings are usually scheduled on Tuesday afternoons. You must attend the Hearing or the Injunction will be dismissed. If you cannot attend the Hearing for medical reasons, you must furnish a doctor’s note prior to the hearing date indicating your condition and release date in order for the Judge to grant you a continuance of the temporary order for protection and to schedule another Hearing. At the hearing the Judge will decide whether to grant a Permanent Injunction. A Permanent Injunction is good until further order of the Court, unless the Judge includes an expiration date. What happens at the Hearing?The Judge will decide at the hearing whether to issue a Permanent Injunction. Sometimes the Judge will order an extension of the Temporary Injunction, which is another way of ordering a Permanent Injunction. The Judge will specify what conditions or restrictions are to be placed upon the Respondent. Some examples of conditions or restrictions that the Judge may order include:
Please note that the Injunction is not intended to provide you with a method to obtain custody of or support for a child. As a courtesy, the Judge will address these issues at the hearing. However, if the Respondent fails to comply with the visitation or child support portion of the order, you should not call the Judge’s Office. Instead, you may want to contact the Clerk’s Domestic Relations Division with your concerns. What if I decide that I don’t want a Permanent Injunction to be issued?You may ask the Judge at the hearing to dismiss the Injunction, and the Judge will decide whether or not to do so. If you are not present at the hearing, you cannot assume that the Injunction will automatically be dismissed. If the hearing has already been held, and you want to request a dismissal of the Injunction, you may contact the Clerk’s Domestic Relations Division. The Judge ordered an extension of the Temporary Injunction. What does that mean?If an Injunction is extended, that means that the terms of the Temporary Injunction will continue to apply for the period of time specified in the Court’s order, up to 1 year. The Judge may also order changes or additions to the original wording at the time the extension is ordered. The Injunction ordered the Respondent to vacate my residence. Is he/she allowed to go back to the residence to retrieve personal belongings?Yes, with an order from the court. The Respondent may retrieve personal belongings from the residence in the presence of a law enforcement officer. The Injunction specifies that there is to be “no contact.” What does that mean?If the Injunction states that the parties are to have ‘no contact,” that means that there should be No Communication – either directly, indirectly, or through a third party – between the Petitioner and Respondent. Is the Respondent in violation of the Injunction if he/she has contact with me at my invitation?Yes. If the Injunction states that there is to be no contact, and the Respondent contacts you, the Respondent is in violation of the Injunction. It does not matter if the contact was made at your invitation. Is the Respondent in violation of the Injunction if we continue to live together?Yes. If the Injunction states that the Respondent must vacate the residence or must not have contact with you, then the Respondent is in violation of the Injunction if you continue to live together. Is the Injunction voided if the Respondent moves back into my residence at my invitation?No. Only the Judge can change or dismiss an Injunction. Is there a violation of the Injunction if the Respondent is required to vacate the residence, but I move in with him/her at another address?Yes. You must not move in with him/her at another address. If the Respondent and I want to resume our relationship, do we need to go back to court?If the Injunction orders the Respondent to avoid contact with you, but you both want to resume the relationship, you will need to petition the court for a dismissal or modification. Contact the Clerk’s Domestic Relations Division at (407) 742-3492 for more information. Hope Cares Card
Beginning October 1, 2024, Petitioners with an issuance of a final judgment of injunction for protection may request a free Hope Card from the Clerk’s Office. The Petitioner must request a Hope Card from the Clerk’s Office at the time the final judgment of injunction for protection is issued or at any other time before the expiration of the order for protection. The Hope Card will be provided to the Petitioner within three (3) business days after receipt of a request electronically, in-person or by mail. The HOPE Card may be digital or a durable, wallet-sized card and contains: (a) the respondent’s name and date of birth; (b) the name and date of birth of the petitioner or protected person; (c) Information regarding the issuing court; the case number; the date the order of protection was issued; and the expiration date, if any, of the order of protection; (d) the telephone number for the statewide domestic violence hotline; and (e) the date of issuance and the expiration date of the Hope Card. The Hope Card is valid for two (2) years after the date of issuance of the final order or the expiration of the injunction, whichever is earlier. A Hope Card may be renewed after the two-year period if the injunction is still in effect. For more information, please visit the Injunction Protection Unit. DOWNLOAD & FILL OUT THE FORM. Submit the completed form to the Injunction Protection Unit – Monday – Friday, 8am-4:30pm. Community Resources
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