Inform Article

What is a Domestic Violence Injunction?

10.13.2010
Posted by Noelle Smith of Legal Aid Society of Palm Beach County
What is a Domestic Violence Injunction? picture

There are four types of injunctions issued in Florida: 1) domestic violence injunctions, 2) dating violence injunctions, 3) sexual violence injunctions, and 4) repeat violence injunctions. A victim's circumstances dictate which type of injunction a court will issue in order to help a victim. This article will cover domestic violence injunctions.

A court issues a domestic violence injunction where domestic violence exists between family or household members. Typically, one act of domestic violence is a sufficient basis for a court to issue a domestic violence injunction.

What is domestic violence?

The legal definition of domestic violence may be different from what some people may call domestic violence. As Florida law explains, domestic violence is any:

Type of Violence

Definition

 Assault

See Section 784.011, Florida Statutes (2010), which is available here.

Aggravated assault

See Section 784.021, Florida Statutes (2010), which is available here.

Battery

See Section 784.03, Florida Statutes (2010), which is available here.

Aggravated battery

See Section 784.045, Florida Statutes (2010), which is available here.

Sexual assault or sexual battery

See Chapter 794, Florida Statutes (2010), which is available here.

Stalking or aggravated stalking

See Section 784.048, Florida Statutes (2010), which is available here.

Kidnapping

See Section 787.01, Florida Statutes (2010), which is available here.

False imprisonment

See Section 787.02, Florida Statutes (2010), which is available here.

 Or any criminal offense resulting in physical injury or death of one family or household member by another family or household member

N/A

Section 741.28(2), Florida Statutes (2009).

Who are family or household members?

As Florida law explains, a family or household member is:

  • Spouses and former spouses (who currently are or have lived together)
  • Blood relatives or people related by marriage (who currently are or have lived together)
  • People who live in a household together as if a family (or formerly have in the past), including same-sex couples
  • People who have a child together (whether or not they have lived together)

Section 741.28(2), Florida Statutes (2009).

If the abuser is not a family or household member, please consult either the dating, sexual or repeat violence articles (to follow in the future) to determine if one of these injunctions may be more appropriate.

In future articles we will be defining the three other types of injunctions (dating violence, sexual and repeat violence injunctions) and how victims of domestic abuse or violence can seek help.

Where can I find more information?

Visit the website of The National Domestic Violence Hotline and its Personal Safety Plan resources.

Call the Florida Coalition Against Domestic Violence Hotline at 1 (800) 500-1119 or visit their website.

Visit the AVON Foundation for Women website to view the Speak Out Against Domestic Violence Videos.

For questions about legal representation, call the Legal Aid Society of Palm Beach's Domestic Violence Project at (561) 655-8944 Ext. 238.

IMPORTANT: The information on this Website is not intended as legal advice or representation. No attorney-client relationship is created between the Legal Aid Society of Palm Beach County, Inc. and any person obtaining information from this website. Public benefits and other laws change frequently. We strive to keep this website up to date but cannot provide a guarantee that this information is accurate as of the time you are reading it.