In family law cases, disputes can escalate, and the need for legal protection from domestic abuse can arise at any stage of proceedings. If you are facing domestic violence or threats of violence, it’s important to understand the options available to safeguard your well-being and that of your children.
Two common protective measures in Florida are injunctions and no-contact orders. While they may seem similar, they serve distinct purposes and can have different implications for your family law case. Below, we will explore the differences between these two legal tools. A lawyer can help you decide which may be more suitable for your situation.
Understanding injunctions
Commonly known as a restraining order, an injunction is a civil court order that requires an individual to comply with certain conditions for the protection of the person seeking the order. In the context of family law, injunctions are often sought to protect individuals from domestic violence, stalking or other forms of harassment.
There are several types of injunctions, including:
- Domestic violence injunctions: These are the most common and are designed to protect individuals from abuse by a family or household member. The petitioner must demonstrate that they have been a victim of domestic violence or have a reasonable fear of imminent danger.
- Repeat violence injunctions: This type is applicable when there are two or more incidents of violence or stalking, one of which must have occurred within the last six months.
- Dating violence injunctions: This type is for individuals who experience violence in a continuing and significant romantic or intimate relationship
- Sexual violence injunctions: This type provides protection for individuals who have been victims of sexual violence.
You don’t need to pursue criminal charges in order to seek an injunction, as it’s a separate process in civil rather than criminal court.
Exploring no-contact orders
No-contact orders are typically issued in criminal cases as a condition of pretrial release or probation. These orders prohibit the defendant from having any form of contact with the victim, including in-person, phone or electronic communication. While no-contact orders can be a component of family law cases, they are more commonly associated with criminal proceedings.
If you are experiencing domestic violence that results in criminal charges, it’s important to explore a no-contact order. Having one in place can be tremendously beneficial not only for your safety and well-being but also for your rights in your divorce or custody case.
Differences between injunctions and no-contact orders
While both injunctions and no-contact orders serve to protect individuals from harm, there are key differences in their application and scope:
- Immediate protection: Injunctions can offer immediate relief and protection, as they can be issued on a temporary, emergency basis before a full hearing is held. This is important for individuals needing urgent intervention.
- Comprehensive coverage: Injunctions can cover a wide range of behaviors and offer more detailed terms, such as exclusive use of a shared residence, temporary custody arrangements and other specific conditions tailored to the situation.
- Civil vs. criminal: Injunctions are civil orders and do not require the respondent to have a criminal charge, making them more accessible for individuals who may not have a related criminal case. No-contact orders, on the other hand, are tied to criminal proceedings and come into play when there are existing charges against the respondent.
It’s important to note that violations of either an injunction or no-contact order can result in criminal penalties.
If you are facing a domestic violence situation, consult with an experienced family law attorney to further explore these options and ensure that your rights and safety are adequately protected. You deserve safety and peace of mind during what is undoubtedly a challenging time.