Vulnerable.

Frightened.

Angry.

Helpless…

Trapped.

But it is of the utmost importance to realize that you always have recourse.

That there is a way to protect yourself and your loved ones under the law.

And this starts by getting an injunction against your abuser.

An injunction—also known as a restraining order—is a court order that forces a particular

person—in this case an abuser—to stop doing certain things.

Including coming near the abused or contacting the abused.

An injunction can also make an abuser move out of a home, pay temporary child support

as a result… … and give the person abused temporary custody

of the children.

If you do have an injunction against someone, and they violate it, they will be arrested.

Now, in Florida, injunctions are broken down into a two-step process.

The initial injunction is called a temporary injunction or temporary restraining order—

TRO for short— because it will last no longer than 15 days.

It will come into effect once the filed petition is approved by a judge and the injunction

is served on the abuser.

During the approval process for the temporary injunction, there is no need for anyone to

testify or appear in court.

This is why it is also called an “ex parte” injunction because it is determined without

waiting for the accused abuser to be present at a hearing.

A judge will make the decision based solely on the information in the original petition

and will grant it if it shows an immediate and present danger of domestic violence.

Once approved, there will then be a hearing within the 15 days for what’s known as a

final injunction.

The potential final injunction will last longer than the 15 days and may not have an expiration

date at all, depending on the severity of the situation.

Plus, a final injunction may offer a wider range of protections than the temporary injunction

did.

If a final injunction has no expiration date, then either side can file for a modification

or outright removal of the order.

This can happen at any time.

And the judge then has to decide whether to grant these changes or not.

If you’re caught in a domestic violence situation, know you are not alone.

LegalYou is here to help you navigate the court system.

LegalYou.

You can do this.