Can You File an Injunction for Domestic Violence Against Your Spouse When You’re Still Married?

Domestic violence can happen at any point in a relationship. In the U.S. alone, 24 people per minute are victims of domestic violence by an intimate partner.

If you are married and experience domestic violence by your spouse, there are rights to protect you like filing an injunction. Before you submit an injunction, it’s crucial to understand Florida’s domestic violence laws.

Domestic Violence

The state of Florida defines domestic violence as “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.” These family or household members must reside or have previously lived in the same single dwelling unit as the petitioner.

A family or household member includes the following:

  • Spouses

  • Former spouses

  • People related by blood or marriage

  • People who are presently residing together or who have resided together in the past

  • People who have had a child together, but have never married each other

A common misconception about domestic violence is that it is only physical assault. However, this is not true; assault is an intentional, threat by word or actions to commit violence against another person that creates fear in an individual.

Injunctions

If you are experiencing domestic violence and feel that you are in danger, you have the right to file an injunction for protection. Additionally, it allows you to get immediate protection without having to testify against your abuser.

The type of injunction depends on your relationship with the person you are filing against and what happened with them. There are four types of injunctions, including domestic violence, sexual violence, dating violence, and repeat violence.

If you are confused about which injunction you should file, an experienced injunction lawyer can walk you through the process and make sure you are protected.

The requirements for an injunction against domestic violence are that you must currently or previously reside with a family or household member, or you and the other person share a child even if you have never been married or lived together.

Filing for an injunction offers you protection from your abuser in several ways:

  • Stopping your abuser from committing acts of domestic violence

  • Giving you temporary exclusive access to the home

  • Addressing issues related to the custody of any children involved

  • Requiring the abuser to participate in a batterer’s intervention program

  • Forcing the abuser to surrender weapons to law enforcement

If you feel unsafe with your spouse, consider filing an injunction against them. Taking action against your abuser will give you and your family immediate protection.

Call Advocate Law Firm, P.A. at (863) 644-5566 for help with filing a domestic violence injunction.

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