Domestic Violence Injunctions

By legal definition, an injunction is a court order that requires one individual to do or cease a particular action. Also known as a restraining order, an injunction typically mandates that one person keep away from another for a set amount of time. Injunctions are utilized in domestic violence cases to protect a victim from the actions of her/his spouse or significant other.

Florida Statue 741.30(1)(a) mandates that domestic violence injunctions may be filed by any family or household member who has fallen victim to domestic violence or has reasonable cause to believe that he/she is in danger of becoming a victim of domestic abuse. The statute thus requires that the parties either live together or be related by blood, meaning not everyone can apply for such an injunction. In instances where violence has not already occurred, reasonable cause may be justified by:

  • Following one’s spouse or showing up to their location unwanted or unannounced.
  • Threats of violence to the petitioner made by another family or household member.
  • Aggressive behaviors that have not amounted to violence witnessed by a third party, such as destroying property of the petitioner.
  • A criminal history of violent acts.

Proving that the petitioner is in imminent danger can be challenging, as this area of law presents a significant portion of gray area. Arguing “he said, she said” arguments such as these in court without the assistance of a highly experienced Miami domestic violence attorney would not only be ill-advised, but incredibly dangerous.

The attorneys at Pimentel & Castillo can ensure your protection when filing a petition for a domestic violence injunction. Call our office today to get the process underway and secure the injunction you need to maintain your safety.

Request a free consultation with our experienced Family Law Attorneys