What is an Order of Protection?
It is a court order that directs a person not to have any contact with another person. It is also known as an injunction against violence. These kinds of injunctions help protect a person against continued threats and acts of violence by another person.
In Miami-Dade County, you can seek a protection order against domestic violence, dating violence, sexual violence, repeat violence and stalking. Each injunction has different requirements and is granted based on the kind of relationship shared by parties and surrounding facts.
To get an order of protection, you must first apply for one. After you submit an application to the Clerk of Courts, a judge will decide as to whether or not there is enough evidence to issue a temporary injunction. The time frame of an injunction is determined by a judge based on the facts of each case. A final injunction order may include orders beyond staying away from the petitioner, including exclusive use and possession of home, temporary time sharing and support of children, access to private property, surrender of weapons, treatment referrals, and other conditions.
Dating Violence Order of Protection v. Domestic Violence Order of Protection
Dating violence is not the same as domestic violence. This is a common confusion I often see in practice.
Dating violence is violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. You may qualify for a dating violence injunction if: a dating relationship existed in the last six months, the relationship included affectionate or sexual involvement between the parties, and there is frequent and consistent interaction between the parties for a continuous period of time. In addition, you must show instances of violence occurred within the relationship.
Domestic violence is violence resulting in physical injury or death of one family or household member by another family or household member. You may qualify for a domestic violence injunction if: you are or were married to the aggressor, you are related by blood or marriage to the aggressor, you are or were living together as a family with the aggressor, and/or you share a child with the aggressor.
Every case is different, and each case may require a different remedy depending on the facts and circumstances of your case. My office routinely represents both petitioners and respondents in these kinds of cases.
If you want to learn more about how to go about getting protection from someone violent in your life, please give my office a call today. First consultation is free!