What Needs To Be Established For A Domestic Violence Injunction?

To get a domestic violence injunction restraining order it needs to be established the petitioner is a victim of domestic violence or is in imminent danger of becoming a victim of domestic violence.

domesticviolence injunction

Domestic violence includes: any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, (including cyber stalking) aggravated stalking, kidnapping, false imprisonment, or any other criminal offense resulting in physical injury or death of one family or household member by another family or household member. §741.28(2).

In determining whether Petitioner has “reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence,” §741.30(6)(b) requires the court to consider all relevant factors alleged in the petition for injunction for protection against domestic violence, including, but not limited to:

1. The history between the petitioner and the respondent, including threats,harassment, stalking, and physical abuse.

2. Whether the respondent has attempted to harm the petitioner or family members or individuals closely associated with the petitioner.

3. Whether the respondent has threatened to conceal, kidnap, or harm the petitioner’s child or children.

4. Whether the respondent has intentionally injured or killed a family pet.

5. Whether the respondent has used, or has threatened to use, against the petitioner any weapons such as guns or knives.

6. Whether the respondent has physically restrained the petitioner from leaving the home or calling law enforcement.

7. Whether the respondent has a criminal history involving violence or the threat of violence.

8. The existence of a verifiable order of protection issued previously or from another jurisdiction.

9. Whether the respondent has destroyed personal property, including, but not limited to, telephones or other communications equipment, clothing, or other items belonging to the petitioner.

10. Whether the respondent engaged in any other behavior or conduct that leads the petitioner to have reasonable cause to believe that he or she is in imminent danger of becoming a victim of domestic violence.

Can A Stalking Injunction Or Domestic Violence Injunction Be Modified?

Modification of Stalking Injunctions and Domestic Violence Injunctions

Yes.  Stalking injunctions and domestic violence injunctions can be modified or dissolved under Florida law where there has been a substantial change in circumstances warranting the change.  Where a party seeks to modify a stalking or domestic violence injunction and sufficient allegations are made in a motion to support the modification the court must then hold an evidentiary hearing to determine if the modification is justified, and if so, how the injunction will be changed.

Hence even a permanent injunction may not be permanent at all.

In Feldman v. Callins, the Fourth District Court of Appeals for the State of Florida reversed a trial court decision that dismissed a legally sufficient motion to dissolve or modify a stalking injunction.  The Court ruled that the where a legally sufficient motion for modification has been filed a party must be given the opportunity to be heard on it.

If you need to talk to a lawyer about a stalking or domestic violence injunction or the modification or dissolution of one contact us to arrange a consultation.