Requirements

• If a spouse in the middle of a divorce has been a victim of domestic violence, she may file a petition for a permanent injunction under Section 741.30. A court may also issue an injunction even if the petitioner has not yet been a victim of actual physical harm, but has "reasonable cause" that she is in "imminent danger."
  
  

Procedure

• The petitioner must file the request for a permanent injunction with the clerk of the court in the Florida circuit court where she or the respondent (from whom she is seeking protection) resides. The petition is given to a judge to determine if a temporary injunction is required immediately while the permanent injunction is pending. A certified copy of the petition must be served on the respondent, providing him with notice that he must appear in court.
  
  

Hearing

• A hearing takes place no more than 15 days after the initial petition was filed. The judge will review the petition and any supporting documentation. At the hearing, the petitioner may introduce witnesses to testify under oath as to any history of actual violence or threats. The respondent may introduce any evidence that the allegations against him are fabricated. The judge will consider all evidence and then grant or deny the permanent injunction.
  
  

Relief

• When a permanent injunction is granted, the court will instruct the respondent to stay away from the petitioner and refrain from any communication with the petitioner. The respondent may also be ordered to move out of a marital home, even if he is a legal owner. If the spouses have children, the respondent may be prevented from seeing or contacting them. A court may even award temporary custody to the petitioner and order the respondent to pay child support. If the respondent possesses any firearms or other weapons, those must be surrendered to the court. Lastly, a respondent may be required to complete a Batterer's Intervention Program for 29 weeks and/or anger management classes. The ultimate concern is for the petitioner's safety.