Injunctions for protection against domestic violence are quasi-criminal injunctions, and special care should be taken when seeking to procure one.  All to often, when custody is in dispute in a family law case, litigants are counseled to seek an injunction against the other party in order to gain an advantage in the custody litigation.  Believing that myth is not a good idea, particularly because Florida Statutes provide that false allegations of domestic violence can be used against the offending party in a custody determination.

If there is a genuine basis for the procurement of an injunction, then get one right away.  Don't wait.  Your protection, as well as that of your children (if applicable), is paramount, and injunctive relief can provide immediate protection as well as providing a small amount of time (approximately 15 days) for you to corral all of the evidence you have to substantiate the extension of the injunction.  Although preliminary injunctions are granted on an ex parte basis, that is, they are granted without affording the other party to defend him-or herself, evidence will be required to substantiate the extension of the injunction.

If you have been served with an injunction for protection against domestic violence and it is unfounded, then, similarly, you need to get all of the information you have to show that the allegations in the petition are false, and work to get the injunction dismissed.

The bottom line is that if you need protection, then request the injunction and be prepared to prove the allegations.  If you are not in need of protection, and are seeking an injunction solely to gain an illusory advantage in a family court proceeding, then, as stated above, be extremely cautious as this fact can be used against you in family court.

You will be able to get assistance in preparing the paperwork necessary for injunctive relief from your local self help desk at the Courthouse, or online at www.flcourts.org.

To file for a Petition for Injunction for Protection Against Domestic Violence, you will need Florida Family Law form 12.980(a).

If you are not eligible for an Injunction for Protection Against Domestic Violence, you may need to file for a Petition for Injunction Against Repeat Violence, which is Family Law Form 12.980(f), Petition for Injunction for Protection Against Dating Violence, which is Family Law Form 12.980(n), or Petition for Injunction for Protection Against Sexual Violence, which is Family Law Form 12.980(q)

In addition to one of these forms, you may also need:

• Form 12.980(a) -- to file for a waiver of fees;
• Form 12.980(h) -- to request that your address be kept confidential;
• Form 12.980(i) -- to request an extension of an injunction; or
• Form 12.980(j) -- to request a change in your injunction.

Meanwhile, if an order has issued against you which you believe is based on false allegations, then you can file a motion to dissolve the injunction or modify the injunction, in addition to shoring up the evidence you will need at any hearing as to whether a permanent injunction should issue.