DOMESTIC VIOLENCE

You need to visit a lawyer who practices in this area of the law. It can be done, but in all likelihood it is going to require an order from the court where the domestic violence case was filed.

Thanks for your question. Since I am an attorney, I cannot ethically give you specific legal advice on your situation, since you are not my client, but I can only provide you with general information that you may find helpful. You may represent yourself, but I do not advise this. Your question is not complete enough to provide you information as to where you are in the process. The Florida Statutes on Domestic Violence Injunctions Section 741.30 has the outline of the procedure, and I have copied the information here: Domestic violence; injunction; powers and duties of court and clerk; petition; notice and hearing; temporary injunction; issuance of injunction; statewide verification system; enforcement.-- (1) There is created a cause of action for an injunction for protection against domestic violence. (a) Any person described in paragraph (e), who is either the victim of domestic violence as defined in s. 741.28 or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence, has standing in the circuit court to file a sworn petition for an injunction for protection against domestic violence. (b) This cause of action for an injunction may be sought whether or not any other cause of action is currently pending between the parties. However, the pendency of any such cause of action shall be alleged in the petition. (c) In the event a subsequent cause of action is filed under chapter 61, any orders entered therein shall take precedence over any inconsistent provisions of an injunction issued under this section which addresses matters governed by chapter 61. (d) A person's right to petition for an injunction shall not be affected by such person having left a residence or household to avoid domestic violence. (e) This cause of action for an injunction may be sought by family or household members. No person shall be precluded from seeking injunctive relief pursuant to this chapter solely on the basis that such person is not a spouse. (f) This cause of action for an injunction shall not require that either party be represented by an attorney. (g) Any person, including an officer of the court, who offers evidence or recommendations relating to the cause of action must either present the evidence or recommendations in writing to the court with copies to each party and their attorney, or must present the evidence under oath at a hearing at which all parties are present. (h) Nothing in this section shall affect the title to any real estate. (i) The court is prohibited from issuing mutual orders of protection. This does not preclude the court from issuing separate injunctions for protection against domestic violence where each party has complied with the provisions of this section. Compliance with the provisions of this section cannot be waived. (j) Notwithstanding any provision of chapter 47, a petition for an injunction for protection against domestic violence may be filed in the circuit where the petitioner currently or temporarily resides, where the respondent resides, or where the domestic violence occurred. There is no minimum requirement of residency to petition for an injunction for protection. Without more information, the best advice that I can recommend to you is to contact a local family law attorney that can work with you on your unique situation. I would encourage you to discuss the facts of your case with a qualified attorney as soon as possible. This information is not intended to substitute for professional legal advice and does not create an attorney-client relationship. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship. Best of luck to you, Shawn C. Newman, Esq. Attorney At Law 1881 NE 26th Street, Suite 212E Wilton Manors, FL 33305 (877) 552-9385 [email protected]