A domestic violence injunction is a court order that legally directs your activity, especially toward a partner or relative. Injunctions may have strict no-contact provisions that will prohibit certain actions. It may prevent you from contacting or approaching the petitioner within a specified distance.
How do injunctions limit you?
Have you ever been tempted to check in with your partner or relative? Well, maybe think twice about sending that text— it could have consequences.
Also known as a restraining order, injunctions may feel extremely restrictive for those on the receiving end. If someone petitioned against you, it is important that you act within its guidelines. Legal orders may limit your life in unexpected ways.
Under Florida law, no-contact provisions bar you from contacting the petitioner in any manner. This includes contact such as:
- Direct means, you may not speak to your partner via face-to-face contact or by speaking through video calls or phone calls.
- Indirect means, you cannot send e-mails, texts or even pass messages through the internet without the authorization of a judge.
- Close physical proximity means, you may not approach the petitioner’s home, office, school, personal vehicle or other regularly visited places within a specified distance.
Depending on the petition, the judge may issue a temporary or permanent order to you. No matter the duration of the order, a domestic violence injunction can have legal consequences if violated. Willfully disobeying them can get you arrested and charged with first-degree misdemeanor for each violation.
“No Contact” taken seriously
Florida prohibits both direct and indirect methods of communication for injunctions. Even messages on social media violate the order— even if your partner reaches out first. Do not reply to any messages or attempts to reach out if you have an active injunction. Even messages like “stop texting me” or “go away” can count as contact.
Florida restraining orders strictly prohibit third-party messages. Asking mutual friends, blood relatives or coworkers to pass messages is a form of indirect contact that the law forbids . Do not seek out alternative means to get in touch with the other person.
Lastly, take note of the mandated distance for prohibited physical contact. Judges frequently set a standard distance of 500 feet for residences, workplaces, and schools, and a smaller buffer zone may apply to your partner’s vehicle. Avoid your partner’s protected spaces as being in range of these violates the terms of the order.
Contesting an injunction
An injunction of any kind is an extremely stressful ordeal. To contest an injunction, you need to navigate a strict and difficult legal network. Challenging an initial or proposed injunction requires you to present evidence at a scheduled hearing.
If the court has issued a final injunction against you, the process is different. You must file a Motion to Modify or Dissolve Injunction at the local County Clerk of Court office. Meanwhile, for domestic violence injunctions, you must use the Florida Supreme Court Approved Family Law Form 12.980(j).
If you want to pursue a modification , having an experienced legal representative is vital to help you navigate the system. You need to successfully prove to the court that the restraining order is no longer necessary. The judge will make a decision on whether to drop the injunction.
