L AW
DOMESTIC VIOLENCE
INJUNCTIONS
By K. Dean Kantaras and Jennifer H. Cavill
THERE ARE DIFFERENT TYPES OF
injunctions for protection that can
be sought in Florida, including
injunctions against dating violence,
sexual violence, repeat violence, and
domestic violence. This article specifically
addresses domestic violence. Florida
Statute §741.28 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.” If the Petitioner and
Respondent are either not related or did
not live together as if they were a family,
then a DVI is not the appropriate injunction
for protection.
The petition for a domestic violence
injunction “DVI” may be obtained, filled
out, and filed at the courthouse in the
circuit where the Petitioner and/or
Respondent reside or temporarily reside,
or where the domestic violence occurred.
The petition for DVI will then be sent to
the judge, who will review the petition
to determine whether the allegations
establish an immediate and present danger
of domestic violence. If so, the Court will
grant a temporary DVI without notice to
the Respondent, and will schedule a full
evidentiary hearing for a later date to
give both Petitioner and Respondent an
opportunity to present evidence and
testimony as to why a final DVI should
be entered or not. See Florida Statute
§741.30. If the Court does not find an
immediate and present danger of domestic
violence upon reviewing the petition, a
temporary DVI will not be granted, but a
full evidentiary hearing will still be
scheduled. There are a number of factors
the Court must consider at the full
evidentiary hearing to determine whether
a final DVI should be entered including,
but not limited to, the history between the
parties; whether the Respondent has
violation of the Respondent’s due process
rights since the Respondent would not be
on notice of the allegations he or she must
defend against. Furthermore, the incidents
that give rise to the Petition for DVI must
be specifically directed toward the
Petitioner, and cannot be vague, or too
remote in time. See Horowitz v. Horowitz,
2D13-3871, 2015 WL 1443223 (Fla. 2d DCA
2015). The amount of time the final DVI is
in place is dependent on the facts of each
case.
Although both parties to a domestic
violence matter have the right to selfrepresentation,
it is beneficial to consult
with an experienced attorney to discuss
your legal rights and the ramifications
involved with the evidentiary hearing
and possible injunction, including selfincrimination
if there is a corresponding
criminal case.
9
EDITOR’S NOTE: K. Dean Kantaras has
been licensed to practice law in Florida for over
nineteen years. Mr. Kantaras is the managing
partner of K. Dean Kantaras, P.A., a firm
handling cases in family law and immigration.
Mr. Kantaras is board certified in marital and
family law by the Florida Bar, a distinction
held by less than one percent of all attorneys
licensed to practice in Florida. He is “A” rated
by Martindale-Hubbell, the highest possible
rating. He is a member of the Supreme Court
of the United States, the United States Court
of Appeals for the 11th Circuit and Middle
District, The Florida Bar, and the Clearwater
Bar Association. His offices are located at 3531
Alternate 19, Palm Harbor, 34683, (727) 781-0000
and 1930 East Bay Drive, Largo, 33771,
(727) 544-0000. www.Kantaraslaw.com.
Jennifer Cavill, Esq. is an Associate Attorney
at the firm. She is a member of the Florida
Bar, the United States District Court-Middle
District of Florida, Clearwater Bar and
St. Petersburg Bar Associations and Canakaris
Inn of Court.
K. Dean Kantaras, Esq.
attempted to harm the Petitioner or
Petitioner’s family members; and whether
the Respondent has physically prevented
the Petitioner from leaving or calling the
police. For a full list of factors, see Florida
Statute §741.30.
Depending on the testimony presented
at the evidentiary hearing, the Petitioner’s
testimony alone may be sufficient for the
Court to find that the Petitioner has been
or has reasonable cause to believe he or
she is in imminent danger of domestic
violence. Additionally, Florida law does
not require the Petitioner to prove that he
or she has been the victim of domestic
violence, just that he or she has reasonable
cause to believe that he or she is about to
become a victim of domestic violence. See
Rey v. Perez-Gurri, 662 So. 2d 1328, 1330
(Fla. 3d DCA 1995). However, the Court
cannot consider new allegations discussed
for the first time at the evidentiary hearing
if the allegations were not contained
in the Petition. To do so would be a
124 TAMPA BAY MAGAZINE MAY/JUNE 2015