1. What is an injunction for protection against domestic violence?

2. Do I need an attorney to file for an injunction?

3. Am I eligible to request an injunction?

4. What relief will the injunction provide for me?

5. How long will the injunction last?

6. What happens after the judge grants a temporary injunction?

7. What happens at the hearing?

8. Am I required to attend the hearing?

9. What if I decide that I don't want a permanent injunction to be issued?

10. The judge ordered an extension of the temporary injunction. What does that mean?

11. The injunction ordered the respondent to vacate my residence. Is he or she allowed to go back to the residence to retrieve personal belongings?

12. The injunction specifies that there is to be "no contact." What does that mean?

13. Is the respondent in violation of the injunction if he or she has contact with me at my invitation?

14. Is the respondent in violation of the injunction if we continue to live together?

15. Is the injunction voided if the respondent moves back into my residence at my invitation?

16. Is there a violation of the injunction if the respondent is required to vacate the residence, but I move in with him or her at another address?

17. If the respondent and I want to resume our relationship, do we need to go back to court?

18. If the respondent has violated the injunction, what do I need to do to get the case back before the judge?

19. Where can I get help?

What is an injunction for protection against domestic violence?
An injunction for protection against domestic violence is a court order that tells a person not to threaten, batter or harass you. The injunction may or may not order the person to refrain from having any contact with you. Sometimes called a "restraining order," an injunction prohibits the person to whom it is directed from continuing with any acts or threats of violence.

Do I need an attorney to file for an injunction?
No. An attorney is not required. However, if you wish to obtain the services of an attorney, and you do not know one, you may want to call the Orange County Bar Lawyer Referral Service at (407) 422-4537.

Am I eligible to request an injunction?
An injunction for protection against domestic violence may be available to you if:

• you have been the victim of physical abuse, or

• you have been placed in fear, either with words or physical acts, that you would immediately be harmed by an unlawful act of violence.

You may petition for an injunction for protection against domestic violence if the person who harmed you or threatened to harm you is:

• someone you live with,

• someone you lived with in the past,

• a spouse,

• a former spouse,

• a person related by blood or marriage, or

• a person who is the parent of your child or children, even if you never lived with that person.

What relief will the injunction provide for me?
The "respondent" is the person who you allege engaged in an act or acts of domestic violence. If the court enters an injunction, it will prohibit the respondent from continuing any acts or threats of violence. The court may also order the respondent to vacate your residence, stay away from your residence, and stay away from your work place. If the injunction states that there is to be "no contact" between the parties, the respondent is prohibited from communicating with the petitioner either directly, indirectly, or through a third party. The respondent must abide by the court's order or face criminal charges.

How long will the injunction last?
Upon the filing of a petition for an injunction, a judge will review the petition to see whether it has merit. If so, the judge will issue a temporary injunction until a hearing can be held to determine whether a permanent injunction should be issued. The temporary injunction is in effect for 15 days. If a permanent injunction is issued, it will be in effect for up to 1 year.

What happens after the judge grants a temporary injunction?
The respondent must be personally served with a copy of the petition, the temporary injunction, and the notice for a formal hearing. The hearing is held so that the judge can determine whether to issue a permanent injunction.

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:

• Requirement that the respondent undergo counseling,

• Recommendation that the petitioner and any children in the home receive counseling,

• Award of custody of the child or children, including terms of visitation, or

• Requirement that child support be paid through the Clerk's office.

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. The Domestic Relations Division is located at 425 N. Orange Avenue, Room 320, Orlando, Florida 32801. The telephone number is (407) 836-2054.

Am I required to attend the hearing?
Yes. If you cannot attend the hearing, you must contact the Clerk's Domestic Relations Division at (407) 836-2054. The judge may hold you in contempt of court for failing to appear at the hearing.

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 ill 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 or she allowed to go back to the residence to retrieve personal belongings?
Yes. 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 or 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 or her at another address?
Yes. You must not move in with him or 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) 836-2054 for more information.

If the respondent has violated the injunction, what do I need to do to get the case back before the judge?
You may contact the Clerk's Domestic Relations Division at (407) 836-2054 for information about the procedure pertaining to violations.

Where can I get help?
Spouse Abuse, Inc. maintains a 24-hour hotline at (407) 886-2856 and can provide counseling and other assistance to victims of domestic violence. The following phone numbers may also be helpful.   

The following telephone numbers may be helpful for questions concerning information maintained by criminal justice agencies.

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