If you are in immediate danger, call 911. For legal protection, a domestic violence injunction, Marc Cohen can help you act quickly. Florida courts can issue emergency injunctions the same day in urgent situations.
Understanding Domestic Violence Injunctions in Florida
If you or your children are in danger due to domestic violence, Florida law provides mechanisms for immediate protection through domestic violence injunctions (commonly called restraining orders or protective orders). These legal instruments can prohibit an abuser from contacting or coming near you, your home, your workplace, and your children's school.
At Marc M. Cohen, P.A., we handle both the filing and defense of domestic violence injunctions throughout Boca Raton and South Florida. If you need immediate protection, we can help you seek an emergency injunction as quickly as possible.
Types of Injunctions in Florida
Florida recognizes several types of injunctions for protection:
- Domestic Violence Injunction: Available when the respondent is a spouse, former spouse, person related by blood or marriage, a person who is or was residing as a family member, or a person with whom you have a child in common
- Dating Violence Injunction: Available when there has been violence within a dating relationship within the past six months
- Sexual Violence Injunction: Available to victims of sexual violence, regardless of the relationship with the perpetrator
- Stalking Injunction: Available when a person engages in a pattern of conduct directed at a specific person that causes substantial emotional distress
- Repeat Violence Injunction: Available when there have been two or more incidents of violence or stalking
The Injunction Process
Obtaining a domestic violence injunction in Florida typically involves two stages:
- Temporary Injunction: Filed ex parte (without the other party present), the court can issue a temporary injunction immediately if it determines there is an imminent danger of domestic violence. This temporary order is typically effective for 15 days.
- Final Hearing: Within 15 days of the temporary injunction, the court holds a hearing where both parties can present evidence and testimony. If the court finds that domestic violence occurred or is likely, it may issue a final injunction that can last up to one year or indefinitely.
What an Injunction Can Do
A Florida domestic violence injunction can:
- Order the respondent to stay away from your residence, workplace, school, and other specific locations
- Prohibit any contact - in person, by phone, mail, email, or through third parties
- Award you temporary exclusive use of the shared dwelling
- Establish temporary custody of minor children
- Order the respondent to attend a batterer's intervention program
- Order the respondent to surrender firearms
- Award temporary child support and alimony
Defending Against an Injunction: If you have been served with a domestic violence injunction petition, the consequences are serious - an injunction can affect your custody rights, housing, firearm ownership, and even your career. You have the right to present your side at the final hearing, and experienced legal representation is critical. Marc M. Cohen provides vigorous defense while approaching these sensitive matters with appropriate gravity.
Impact on Divorce and Custody
Domestic violence injunctions can significantly impact related family law matters. A finding of domestic violence can affect timesharing decisions, create a presumption against shared parental responsibility, and influence alimony and property division. Understanding these interconnections requires an attorney experienced in all aspects of family law.
Contact a Boca Raton Domestic Violence Attorney
If you need protection from domestic violence or have been served with an injunction petition, contact Marc M. Cohen, P.A. immediately at (561) 740-3301. We serve clients throughout Boca Raton, Boynton Beach, Delray Beach, Pompano Beach, West Palm Beach, Fort Lauderdale, and surrounding areas.
Serving Communities Throughout South Florida
Marc M. Cohen, P.A. provides experienced legal representation in communities throughout Palm Beach County and Broward County:
- Domestic Violence Attorney in Boca Raton
- Domestic Violence Attorney in Boynton Beach
- Domestic Violence Attorney in Delray Beach
- Domestic Violence Attorney in Deerfield Beach
- Domestic Violence Attorney in Pompano Beach
- Domestic Violence Attorney in West Palm Beach
- Domestic Violence Attorney in Fort Lauderdale
- Domestic Violence Attorney in Coral Springs
- Domestic Violence Attorney in Parkland
- Domestic Violence Attorney in Wellington
- Domestic Violence Attorney in Lake Worth
- Domestic Violence Attorney in Jupiter
- Domestic Violence Attorney in Palm Beach Gardens
See also: Palm Beach County Family Law | Broward County Family Law | South Florida Family Law