Over 46 years of Combined Experience in State and Federal Litigation
When you are facing something as serious as petitioning for a domestic violence injunction, you will need a steadfast and assertive advocate to help you build a strong case. Our attorneys have 46 years of combined experience and know how to navigate the legal system for his clients. Whether you seek a temporary or final injunction in Fort Myers, our attorneys will do his best to secure the protection you and your child need.
Individuals who have been the victim of domestic violence or fear they will be may petition for an injunction for protection against such violence. Recall that Florida law defines domestic violence as any assault, battery, sexual assault, stalking, kidnapping, false imprisonment, or any criminal offense resulting in the physical injury or death of a family or household member. The petitioner must show that they are a victim of such domestic violence or reasonably believe that they were in immediate danger of becoming one.
To qualify for a domestic violence injunction, the petitioner and respondent must be family or household members who are or were living together in the same, single dwelling unit. If the partners are parents of a child in common, they do not have to have been married or lived together to petition for an injunction.
Temporary and Final Injunctions
Florida offers two types of injunctions – temporary injunctions and final injunctions. A temporary (ex parte) injunction is designed to provide immediate protection from the abuser. If the judge decides the petition reasonably points to an immediate threat of domestic violence, they will grant a temporary injunction of protection. The petitioner will not have to testify, and the abuser does not need to be present. The temporary injunction takes effect as soon as the abuser is served with a copy of the order.
A temporary injunction stays in effect for no more than 15 days (unless otherwise extended by the judge). Within this time period, there will be a full hearing to decide whether to grant a final (permanent) injunction. In this hearing, the abuser may be present, and both sides will present their story. The final injunction may provide more protections than the temporary injunction did and may or may not have an expiration date (e.g., some last for 1 year and others might be indefinite).
What Can a Domestic Violence Injunction Do?
Generally, domestic violence injunctions aim to protect the petitioner and their children and family from violence or contact from the respondent. In a temporary injunction, the judge can:
- order the abuser to stop abusing the petitioner;
- exclude the abuser from the shared home or give the petitioner temporary, exclusive use of the shared home;
- provide a temporary parenting plan that could give the petitioner sole custody;
- give temporary, exclusive possession, or control of an animal that belongs to the family.
A final injunction can provide for the above, as well as:
- order the abuser to stay away from the petitioner’s home, work, etc.;
- order the abuser to not contact the petitioner, either directly or through a third party;
- give the petitioner temporary child support or spousal support;
- order the abuser to go to treatment, counseling, or a batterers’ intervention program, which the abuser has to pay for;
- refer the petitioner to a certified domestic violence center if they choose; and
- order anything else that the judge believes is necessary for protection of the petitioner and their children.
John D. MillsManaging AttorneyI'm John D. Mills, and I am dedicated to aggressively pursuing the best possible outcome for my clients - inside and outside of court.
Monica S. AdkinsOffice ManagerMonica Skinner Adkins is a 5th generation Lee County residence. She was born and raised in Fort Myers and graduated from North Fort Myers High School and attended Edison Community College for two years.
Sheryl A. RiebenackParalegalSheryl A. Riebenack, a Florida Registered Paralegal, has worked with the firm since 2010. She has over 40 years of experience in marital & family law. She serves our clients with compassion and respect.
You have your reasons for petitioning for a domestic violence injunction in Fort Myers, and our firm will stand by you. Our attorneys have significant experience in both state and federal courts, and they are intimately familiar with the local clerks system and other attorneys in the Fort Myers area. Our attorneys will take a look at the facts of your situation and help you build a strong case for obtaining both a temporary and final injunction, if appropriate.
Schedule an initial consultation with the Law Office of John D. Mills, P.A. at (239) 347-9932 to discuss your legal options in more detail.
We can effectively defend your rights and fight for your best interests at each stage of the legal process.