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Establishing an Injunction

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When there is a threat of domestic violence in the home, a spouse may wish to protect themselves by filing an injunction such as a restraining order. Normally, these can only be requested and issued against a person who has lived with you as family. An injunction prohibits a person from having contact with another person, going to specific locations, and can sometimes order basic time-sharing schedules. The Sarasota family law attorneys at Kowtko Law Group understands how to help spouses file injunctions and can help clients protect themselves from danger.

Protect yourself from a dangerous spouse. Call (941) 208-9332 for a free consultation with Sarasota divorce lawyers to learn about filing an injunction.

How to File an Injunction

Once an injunction is issued, the accused person will be required to have no contact of any form with the person who made the accusation unless expressly authorized by the judge. Petitions for Protection from Domestic Violence must include specific details about the acts that took place. Minimizing or neglecting to include all the details of an incident could result in the judge not granting the person the protection they need and deserve.

Requirements for an injunction include detailing:

  • When the domestic violence occurred (dates and times, each incident if there are multiple)
  • Where the domestic violence occurred (each incident if there are multiple)
  • Any threats against other family members
  • If there were children present when the violence occurred
  • If the abuser was intoxicated (alcohol, drugs or other intoxicant) when the violence occurred.
  • Any threatening statements

Call (941) 208-9332 for Help Moving Forward

After these statements are put in the petition, a judge will review it to verify that there is an imminent threat of domestic violence. If confirmed, then they will issue a Temporary Injunction and set the case for a hearing. While there is no guarantee on how long this process can take, most decisions regarding the Temporary Injunction take place within 24 hours with a final hearing 2-3 weeks after.

Once the Temporary Injunction is granted, the abuser will likely not be able to return to the shared home except to get their personal belongings, all while in the presence of a Sheriff. The Temporary Injunction will also address time-sharing with any minor children, if the parties have children together.

Call (941) 208-9332 now for a free consultation with Kowtko Law Group.

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