可用保护性禁令概述

In Florida, five different types of protective injunctions are available:

• 家庭暴力 
• Sexual Violence 
• Dating Violence 
• Repeat Violence 
• Stalking

How do you know which of Florida's five injunctions for protection you need?

为什么所有申请保护禁令的请愿都是相似的?

• The victim is known in court as the petitioner; the other party is the respondent.
• 请愿书必须宣誓. 这意味着在公证人或法院书记员面前签字.
• The judge may issue a temporary injunction to petitioner before a hearing is held.
• The temporary injunction stays in effect until a hearing with both parties can be held.
• The temporary injunction must be served on respondent (usually by the Sheriff).
• A hearing may still be held even if there is no temporary injunction.
• 答辩人必须得到聆讯的通知.
• 每一方当事人都可以带证人出庭作证.
• The judge may issue a final, or permanent injunction after a hearing with both parties.
• Unless it is for a certain time, an injunction stays in effect until the court changes it.
• 如果被告违反禁令，将受到处罚.

它们有什么不同??

家庭暴力:

• Petitioner and respondent must be family or household members who are or were living together in the same, 除非他们有一个孩子.
• Parents of a child in common do not have to have married or lived together.
• Petitioner must show that he or she is a victim of domestic violence OR reasonably believes that he or she is in immediate danger of becoming a victim.
• Protects adults from violence or contact, terms may include children.
• Petitioner may be allowed to live in shared dwelling while respondent must leave.
• Respondent may be barred from petitioner’s residence or a shared dwelling.
• Petitioner may have the children 100% of the time on a temporary basis.
• Petitioner and/or children may receive support on a temporary basis.
• A temporary injunction may require respondent to surrender guns and ammunition.
• A permanent injunction must require respondent to surrender guns and ammunition.
• Respondent may be ordered to attend a Batterers’ Intervention Program (BIP).

Stalking:

• 需要至少两次跟踪或网络跟踪事件.
• Either victim, or parent or guardian of minor child living at home, may file petition.
• Protects adults and minor children from further stalking or cyberstalking.
• A temporary injunction may require respondent to surrender guns and ammunition.
• A permanent injunction must require respondent to surrender guns and ammunition.
• Respondent may be ordered to get treatment at his or her own expense.

约会暴力:

• 要求在过去6个月内有过恋爱关系.
• The relationship must have an expectation of affection, not a casual relationship.
• Petitioner must show that he or she is a victim of dating violence and has reasonable fear he or she is in immediate danger of become a victim again OR reasonably believes that he or she is in immediate danger of becoming a victim of dating violence.
• Either victim, or parent or guardian of minor child living at home, may file petition.
• 保护成人和未成年儿童免受进一步的暴力或接触.
• 可以责令上缴枪支弹药.

重复暴力:

• Requires at least two incidents of violence or stalking by respondent on petitioner or an immediate family member; one must be within past 6 months.
• 请愿人必须害怕被上诉人再次施暴.
• Either victim, or parent or guardian of minor child living at home, may file petition.
• 保护成人和未成年儿童免受进一步的暴力或接触.
• 可以责令上缴枪支弹药.

性暴力:

• Sexual violence includes: sexual battery; a lewd or lascivious act upon or in presence of a person younger than 16; luring or enticing a child; sexual performance by a child.
• Petitioner must cooperate with law enforcement after reporting sexual violence.
• Protects petitioner from respondent who was jailed for the sexual violence against petitioner and whose prison term has expired or is due to expire within 90 day.
• Either victim, or parent or guardian of minor child living at home, may file petition.
• 保护成人和未成年儿童免受进一步的暴力或接触. 
• 可以责令上缴枪支弹药.

我该如何继续?

If you wish to obtain an injunction against someone or have questions about your unique circumstances, please contact an attorney or the clerk’s office in your jurisdiction. 家庭法院办公室不能提供法律咨询. However, to inform petitioners about the injunction process, the OFC has created a brochure 为上访者讨论许多重要问题. 此外，OFC还制作了这些 three videos that discuss the injunction process and what to expect at a domestic violence injunction hearing. These videos can provide additional information about what to expect while involved in the domestic violence process.

保护禁令指南

所有的宫廷场景都是假设性的.

This 家庭暴力诉讼清单 也是为了配合上面的视频而制作的, 并提供了有关家庭暴力过程的进一步信息.

我怎样才能找到律师来帮我?

If you are considering hiring an attorney, you may want to visit the 佛罗里达酒吧网站 查阅有关律师转介的资料.

If you cannot afford an attorney, you may wish to explore the assistance of 法律援助服务.

或者，你可以为自己辩护. 如果是这样的话，你可以考虑去参观一下 当地自助中心 or law library. 此外，还有 佛罗里达最高法院批准的表格 对于每种禁制令类型, and each form has instructions and guidance on how to complete and file them.

The Injunction for Protection Project provides free legal assistance to survivors of domestic, dating, 以下县的性暴力和跟踪. 了解更多信息或联系当地律师, 请联系佛罗里达家庭暴力热线.

佛罗里达州家庭暴力热线- 电话或短信1-800-500-1119

1-800-621-4202 (TDD)

佛罗里达接力赛711

也不是家庭暴力中心, 也不是家庭暴力热线, themselves, 为幸存者提供法律服务. The centers and the hotline act only as an intermediary to refer survivors to Florida-bar licensed attorneys who provide the legal services.

The Injunction for Protection Project is supported by contracts awarded by the Office for Victims of Crime, 司法项目办公室 and is sponsored by the listed domestic violence centers and the State of Florida.

根据联邦法律和美国法律.S. 律政司政策, this organization is prohibited from discriminating on the basis of race, color, national origin, religion, sex, age, or disability. 提出歧视申诉, 写信给法律事务部, 联邦歧视投诉协调员, PL-01, The Capitol, Tallahassee, Florida, 32399-1050, 或致电850-414-3300, 或者写信给民权办公室, 司法项目办公室, U.S. 律政司, 810 7th Street, NW, Washington, DC 20531 or call 202-307-0690 (Voice) or 202- 307-2027 (TDD/TTY) or http://ojp.gov/about/ocr/complaint.htm. Individuals who are hearing impaired or have speech disabilities may also contact OCR through the Federal Relay Service at 800-877-8339 (TTY), 877-877-8982(演讲), 或800-845-6136(西班牙语).