Appealing Domestic Violence Injunction


Appeals of Domestic Violence Injunctions are serious issues.  An improperly granted/or improperly denied Domestic Violence Injunction can deprive you of your family of constitutional rights or subject you to serious bodily harm.  Further below are answers to commonly asked questions that Florida Domestic Violence Appeals Lawyers receive when it comes to appealing a judge’s Order in a Domestic Violence Case.  Clicking on each question below will open a separate web page with a detailed answer to the particular question or explanation of the particular topic.  

There is serious danger if a domestic violence injunction is improperly denied.  Likewise, given the stigma associated with domestic violence, it is serious problem when judges improperly grant a domestic violence injunction. 

The remedy of a Domestic Violence Injunction is available when the parties are related or live in the same home, although it should be noted that Injunctions are also available in cases involving Repeat Violence, Dating Violence, Sexual Violence, and Stalking.

Generally speaking, a domestic violence injunction should be granted if the moving party establishes that they either (1) are a victim of domestic violence caused by the petitioner or (2) have a reasonable basis for believing that they will be a victim of domestic violence caused by the petitioner in the near future.  Additionally, it should be noted that a parent or legal guardian can seek an injunction on behalf of a minor child.

Below are explanations of some of the most commonly asked questions and topics that relate to appealing domestic violence appeals:

What is domestic violence?  Is it limited to assault?

My spouse has never physically attacked me but recently burned my clothes in my front yard and has tortured the family pet.  I think my spouse is dangerous.  Can I get a Domestic Violence Injunction?

The judge granted the injunction but it will expire soon.  Why should I bother filing an appeal?

Does Florida law allow me to seek an injunction on behalf of my child?

The judge granted the injunction even though I never hit my spouse.  Will I win on appeal?

My spouse is overly sensitive when it comes to me hurting her.  Can she get a Domestic Violence Injunction if her fears are ridicules and I’ve never physically harmed her?

Can a judge in Florida grant a Domestic Violence injunction just because someone made a threat?

Can a judge in Florida grant a Domestic Violence Injunction to stop the obnoxious behaviour of my soon to be ex-spouse? 

Click here to go to 'Appeals Overview'

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