No one should have to live in fear of a family member or other person in Florida. Domestic violence or domestic abuse is sadly an ever present threat for too many people. Protection from abuse can sometimes be obtained through a legal document called a protective injunction, also known as a restraining order.
A person does not have to be physically harmed before he or she can request that a protective order be issued. If a person feels threatened or in fear of being kidnapped or imprisoned, that can be sufficient cause for a restraining order. Other factors considered would be damage to personal property or harm to pets resulting in death.
When a judge considers such a petition, he or she is aware that issuing the injunction takes away freedoms from the person the injunction is against. That must be weighed against the threat the person poses to others. Far from routine court documents dealt with on a daily basis, protective injunctions must be carefully considered from all sides before being granted. An injunction can cause a person’s weapons to be taken away, restrict a person’s movements and place limits on where he or she can go and with whom he or she can communicate. As such, great care and attention to detail must be taken when crafting an injunction request.
A person in Florida who believes he or she is a victim of domestic violence, or at risk of becoming one, should consult with a family law attorney. A knowledgeable lawyer can review a person’s situation and make recommendations regarding an injunction. He or she may also be able to make recommendations for a client’s immediate safety such as going to a shelter. No one should have to suffer the threat of domestic violence alone.