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Domestic Violence Injunctions
Barrister Amna (Alevels Academy Islamabad)
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1 year ago
A Level Academy Islamabad
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📚
Learning
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00:00
Being a victim of domestic violence can make you feel many things.
00:04
Vulnerable.
00:05
Frightened.
00:06
Angry.
00:08
Helpless.
00:09
Trapped.
00:10
But it is of the utmost importance to realize that you always have recourse.
00:14
That there is a way to protect yourself and your loved ones under the law.
00:18
And this starts by getting an injunction against your abuser.
00:23
An injunction, also known as a restraining order, is a court order that forces a particular person, in this case an abuser,
00:30
to stop doing certain things, including coming near the abused or contacting the abused.
00:36
An injunction can also make an abuser move out of a home, pay temporary child support as a result,
00:42
and give the person abused temporary custody of the children.
00:45
If you have an injunction against someone and they violate it, they will be arrested.
00:50
Now, in Florida, injunctions are broken down into a two-step process.
00:56
The initial injunction is called a temporary injunction or temporary restraining order, TRO for short,
01:02
because it will last no longer than 15 days.
01:05
It will come into effect once the filed petition is approved by a judge and the injunction is served on the abuser.
01:11
During the approval process for the temporary injunction, there is no need for anyone to testify or appear in court.
01:18
This is why it is also called an ex parte injunction,
01:21
because it is determined without waiting for the accused abuser to be present at a hearing.
01:26
A judge will make the decision based solely on the information in the original petition
01:30
and will grant it if it shows an immediate and present danger of domestic violence.
01:35
Once approved, there will be a hearing within the 15 days for what's known as a final injunction.
01:40
The potential final injunction will last longer than the 15 days and may not have an expiration date at all,
01:46
depending on the severity of the situation.
01:49
Plus, a final injunction may offer a wider range of protections than the temporary injunction did.
01:55
If a final injunction has no expiration date, then either side can file for a modification or outright removal of the order.
02:03
This can happen at any time, and the judge then has to decide whether to grant these changes or not.
02:09
If you're caught in a domestic violence situation, know you are not alone.
02:13
LegalYou is here to help you navigate the court system.
02:16
LegalYou. You can do this.
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