If you are a victim of domestic violence, you can seek an Injunction (restraining order) immediately. You do not need for a pattern of conduct to occur, such as with stalking, nor do you need to be the victim of multiple incidents of violence, such as with a repeat violence injunction.
Domestic violence requires that there be an incident of violence - threat of violence or actual violence - that occurs between two people in a dating relationship, familial relationship, or in a relationship wherein the parties live together.
Domestic violence Injunctions DO NOT require that the injury be severe. You don't need to have photos or physical proof that you were touched or struck against your will. While photographic evidence certainly helps the Court to make the decision to issue a permanent injunction in your favor, it is not legally required. The Judge can make a determination based on the sufficiency of the testimony.
It is not a legal requirement that police be called or that there be a pending criminal case (remember that Injunctions are civil matters, not criminal matters). While it helps the Petitioner's case when police have been called, it is not a deal breaker. Many victims of domestic violence do not wish to involve the police when it comes to matters within the home.
If you are in a domestic relationship and you have been the victim of violence, you may seek the Court's help right away. Waiting too long can create "remoteness" - an issue that occurs when the act of violence occurs too far from when the Injunction was sought. The Judge can deny the Injunction if he or she believes that the threat of harm is not imminent.
So if you are the victim of domestic violence, do not wait to seek an Injunction if you feel that you are in immediate danger. You need to protect yourself from your abuser, so it is critical that you apply for the Injunction as soon as possible.
Please keep in mind that a criminal stay-away order, or no contact order, is NOT the same thing as an Injunction.
A stay-away order or no contact order, is issued in a criminal domestic violence case, but it will expire once the domestic violence case is closed. An Injunction can be issued by a Court for an indefinite period of time. In other words, an Injunction can be put in place forever.
Also, a stay-away order or no contact order requires that there be an open criminal case. If no charges are filed or no police are involved in a domestic incident, there is no jurisdiction for a criminal Court to issue a stay-away or no contact order.
If you are a victim of domestic violence in Miami-Dade or Broward, contact me to discuss your options.