Domestic violence cases move fast and can reshape your life in a moment. Whether you are asking the court for protection or fighting accusations that put your future at risk, you need quick, steady help. At Kofsky Law in Stuart, we provide focused guidance on injunctions and related criminal matters, backed by years of experience in high-conflict family law cases. We fight to protect your safety and your legal rights, and we do it with clear advice and solid courtroom work.
Overview of Domestic Violence and Restraining Orders in Florida
Domestic violence in Florida covers assault, battery, threats, sexual abuse, stalking, and other conduct that causes fear of harm. The law allows victims to ask the court for a restraining order, also called an injunction for protection, to stop contact and harassment. Judges can grant temporary orders quickly, then hold a hearing to decide if a longer order is appropriate.
Violations of injunctions are crimes under Florida Statutes section 741.31, which can result in arrest, probation, and jail time. Separate from the injunction process, prosecutors can file criminal charges for the underlying conduct. Penalties can include jail time, fines, counseling, and no-contact rules.
Common forms of abuse that support an injunction include the following:
- Physical assault or battery, such as hitting, pushing, or restraining.
- Threats that create a reasonable fear of imminent harm.
- Stalking or harassment, including repeated unwanted messages or following.
- Sexual violence or coercion.
- Conduct or threats that create a reasonable fear of imminent harm.
Every situation is different, and the facts matter. If you are unsure which path fits your case, our team can review your options and act fast.
The type of injunction you choose, and where to file, depends on your relationship to the other party and the conduct involved. The summary below can help you see the differences at a glance.
| Type | Relationship Needed | Core Requirement | Typical Duration | Where to File |
| Domestic Violence | Family or household member, or parents of a child in common | Past violence or a reasonable fear that violence is imminent | Temporary, up to 15 days, the final injunction may remain in effect until modified or dissolved by the court | The county where you live, the other party lives, or where the violence occurred |
| Dating Violence | A dating relationship within the last 6 months, with the expectation of affection | Past violence or fear of imminent violence | Temporary, up to 15 days, final set by the court | Same filing options as above |
| Repeat Violence | No special relationship required | Two incidents of violence or stalking, one within the last 6 months | Temporary, up to 15 days, final set by the court | Same filing options as above |
| Sexual Violence | No special relationship required | At least one act of sexual violence, usually reported to law enforcement | Temporary, up to 15 days, final set by the court | Same filing options as above |
| Stalking | No special relationship required | Stalking or cyberstalking behavior | Temporary, up to 15 days, final set by the court | Same filing options as above |
We handle filings and hearings for all five types, and we build the record the judge needs to see.
How Kofsky Law Assists Clients in Domestic Violence and Restraining Order Cases
We move early, we prepare hard, and we stay focused on results. Below are the ways we step in to protect clients in Martin County and nearby courts.
Immediate Safety Measures
We help you get a temporary protective order the same day when possible, and we prepare you for the return hearing. We coordinate with law enforcement to ensure injunctions are enforced and no-contact provisions are respected.
If children are involved, we coordinate safety plans to protect them during exchanges and at school. Your safety plan should fit your daily life, and we aim to make that happen.
Comprehensive Legal Representation
We represent clients at injunction hearings and related criminal proceedings, from first appearance through trial. Our approach is calm and firm, with a clear presentation of facts and law.
We advocate for victims who need protection and for those who are wrongly accused. Either way, we guard your rights at every step in court.
Child Custody and Support
Domestic violence often affects timesharing, decision-making, and child support. We ask for orders that protect children, such as supervised exchanges or supervised visitation when needed.
If a current parenting plan puts a child at risk, we move to modify it and present safety-focused evidence to the judge.
Defense Against False Accusations
False claims sometimes arise in heated divorce or custody fights. We interview witnesses, gather digital records, and analyze timing and motive.
Where the evidence shows no assault, no injury, or inconsistent statements, we bring that to the court clearly and directly.
Legal Protections Available to Domestic Violence Victims
If you need distance and safety, Florida courts offer strong civil and criminal tools. We help you use the ones that fit your situation.
- Restraining orders, temporary or final, to stop contact and keep the other party away from home, work, or school.
- Criminal prosecution through a police report, which can bring jail, probation, and fines for the abuser.
- Child custody protections, including supervised visitation or contact limits when safety is a concern.
- Access to shelters, transitional housing, and financial help through local programs.
- Privacy protections, such as keeping your address confidential in court filings and public records, where allowed.
Our team explains how each protection works, then we move forward with the required filings and evidence.
Why You Need a Domestic Violence Attorney
Fast legal action can mean the difference between safety and more risk. An attorney can help secure protective orders and present the right evidence at the first hearing.
We quickly dig into the facts, prepare witnesses, and speak plainly to the court. Judges decide cases based on evidence and credibility, which is why thorough preparation matters.
In many cases, the state can proceed with criminal charges even if the alleged victim wants to drop them. We address that risk early and build a plan that protects your rights.
Defenses Against Domestic Violence Charges
Not every accusation holds up under scrutiny. If you face charges, we look at every angle of the incident and the record.
- False accusations tied to divorce, custody disputes, or revenge.
- Police called as leverage during an argument, followed by exaggeration or misstatements.
- Self-defense or defense of others, supported by photos, messages, and witness accounts.
- No intent or no imminent threat, such as heated words without a real risk of immediate harm.
- Evidence that alleged injuries do not match the story or timeline.
We collect messages, call logs, GPS data, and surveillance when available, then present a clear, concise defense in court.
Consequences of a Domestic Violence Conviction
Domestic battery or aggravated domestic assault can bring jail, probation, fines, and court-ordered programs. Firearm rights can be restricted, and no-contact orders often remain in place for extended periods.
A conviction can affect parental rights, timesharing, and decision-making for your child. It can also support a permanent injunction that limits where you can go and who you can contact.
A plea to domestic battery or violating a domestic violence injunction cannot be sealed or expunged in Florida. That record can affect housing, jobs, and professional licensing for years to come.
When Can Someone Seek An Injunction?
The court looks for proof of assault or battery, or a well-founded fear that violence is about to happen. Knowing someone has a temper is not enough on its own.
The fear must be real and reasonable. If the conduct is limited to shouting or rude gestures, with no threats or actions, the court is unlikely to issue an injunction.
If you qualify, an attorney can help you request the appropriate distance, no-contact provisions, and child-related limits for your case. A person can request a restraining order when they are a victim of domestic violence, meaning harm or threatened harm against a family or household member.
Contact Kofsky Law for Robust Legal Support
If you need protection or you are accused of domestic violence, fast action helps. At Kofsky Law, we handle urgent filings, tough hearings, and cases with high conflict or complicated family dynamics. Call 561-407-0703 or reach us through our website, and tell us what is happening.
We welcome your questions, and we will speak plainly about your options. Please do not hesitate to contact us for a confidential discussion. Your safety, your children, and your future deserve focused attention right now.