This page tells you what you can do if you are threatened, assaulted, hit, attacked with a weapon, stalked or have been the victim of an offense that results in an injury. It is a self-help guide. You must be ready to do something for yourself if you want the threats and abuse to stop.

You can either (1) Stay with your significant other and try to work things out; (2) Separate without taking any court action; or, (3) Separate and obtain a divorce or separate maintenance agreement; (4) Obtain an injunction for protection so that you can be safer and have time to make important decisions about your future.

Sometimes you can stay with your partner and work out your problems with the help of a counselor. You may want to try this before taking other steps if your husband is willing to cooperate and you are safe. Remember, if he is violent, then he needs help. Couples' counseling is not appropriate until he gets the help he needs. In other cases, moving away and getting a divorce or filing for an injunction for protection may be the only answer. You know your situation better than anyone does. It is advised that if you feel safe, and are not ready to take any of the above actions, you should create a safety plan and begin attending a domestic violence support group to learn more about the dynamics of this relationship and what you can expect to experience in the future. Nothing will change if you do nothing. Some type of intervention is necessary; be it in the form of counseling, moving or court actions.

Yes, in Florida a family or household member (which includes, spouses, former spouses, persons related by blood or marriage, persons residing together, persons who have resided together in the past, or persons who have children in common) does not have the legal right to commit crimes of domestic violence against you. Domestic violence includes the following acts:

Assault, Aggravated Assault, Battery, Aggravated Battery, Sexual Assault, Sexual Battery, Stalking, Aggravated Stalking, Kidnapping, False Imprisonment or any criminal offense that results in the physical injury or death of one family or household member by another. If your significant other is hitting, slapping or punching you, or threatening you with a weapon or object, or willfully endangering your life or the lives of your children, you may be a victim of domestic violence.

You can find another place to live or stay with a woman friend or relatives. Do not stay with a man who lives alone, unless he is a relative. It may appear that you are committing adultery and could be used in a custody battle. If you have no friend or relative who will help you, call the Women’s Center at 242-3110 in Melbourne or 449-1144 in Merritt Island for information on shelters for you and your children.

If possible, do not leave your children with your husband. A court may think you are a neglectful mother who has abandoned her children. This could give your husband a strong legal weapon to use against you, not to mention that the children may be in jeopardy.

You should not worry about separating from your husband because you are afraid this will amount to "desertion". If you are forced to leave because of domestic violence, this is not desertion under Florida law, and you do not lose any property rights.

Try to get friends or relatives to take color pictures of your injuries. Save any torn or bloody clothing. If you need medical care, tell the doctor how you were injured and ask that it be noted on your chart. Keep the names of witnesses and of the police officers that responded if you called the police. Under Florida law, evidence of domestic violence can now be considered in awarding custody of children. If the court finds that domestic violence has occurred between the parties, the court may award sole parental responsibility to the victim and make arrangements for visitation as will protect the child and the victim from further harm. Therefore, it is very important that you be able to prove the abuse actually took place.

You can call the police anytime (24 hours a day) that you are or have been assaulted, battered or harmed either physically or mentally by a family or household member (as described above). Police response will be a priority if you call 911 for immediate help. When the police arrive their first priority is for the safety of all parties. The law requires the police to determine the primary aggressor and to make an arrest based on the facts of the crime. In verbal disagreements they may determine that separation by one party for a period of time is appropriate. They may ask that one of you leave the house to "cool off" for a day.

The police will generally enter your home if they have permission from either of you. Without permission, the police can enter if they believe someone is in an immediate life-threatening situation. If the police do not enter your home they may request that you both step outside to talk to them.

The police will arrest your significant other for any crime committed. If physical marks are seen or shown, they are required to arrest the person who caused the injuries. In most cases they will make an arrest. You and/or law enforcement will make the complaint of the crime against your significant other.

You must call or go to the police station in the city where the incident/crime occurred. If you were not within the city limits of a city, you must go or call the Sheriff’s offices in your county. You will make a report of the incident and sign an affidavit. This is your written statement of the fact that your significant other has harmed you. Before you sign it, read it carefully. Ask the officer to read it and advise you of any corrections and additions that need to be made. Do not sign it until you are sure it is correct. You must be sworn by the officer as to the truth of your statement and affidavits. (You will sign in front of an officer)

Your statement will be sent to the State Attorney’s office where a decision will be made as to whether or not a crime has been committed and if there is enough evidence to prosecute. They will decide whether an arrest warrant is to be issued. It helps if you have saved any and all pictures of injuries or damage to property.

The State Attorney has found enough probable cause for local law enforcement to make an arrest. A warrant will be issued and law enforcement will be notified to arrest the perpetrator upon contact.

If he is arrested, he will be in jail until he goes before a judge (usually about 12 hours). On the initial appearance before a judge, a bond will be set or in some cases the perpetrator will be released on his "promise to appear".

This will give you time to go to the clerk of courts to file a petition for an injunction for protection for domestic violence against your significant other. Remember the injunction for protection is a civil order to protect you.

No. If you want to drop the charges you must meet with the State Attorney’s office and explain why charges should be dropped. They will require that you meet with them and sometimes require that you attend special classes on Domestic Violence taught through their office. It will be left up to the State Attorney to decide if charges will be dropped.

Even if you decide not to file criminal charges against your husband, you can still file a petition requesting an Injunction for Protection Against Domestic Violence. You can file a petition even if you cannot afford the fees. If you have left home to avoid abuse, you can still file a petition for an injunction.

If you are interested in obtaining an Injunction for Protection Against Domestic Violence or Repeat Violence, you may be entitled to an Injunction in Florida if you fit into one of the following categories:

1. FLORIDA Statute 741.30 (Domestic Violence Injunction):

Your relationship with the person whom the Injunction is being filed against must be that any of the following

• A spouse
• A former spouse

• A relative by blood or marriage, who lives or has lived with you in the same dwelling as a family unit, or 

• a person presently residing with you , as if a family

• A person who resided with you in the past, as if a family

• Anyone with whom you have had a child, with or without having lived together.

"Domestic violence" must have occurred between you and this person. This means he/she must have committed an act of domestic violence. Domestic violence must at least involve an assault. An assault can occur if someone intentionally threatens to cause you physical violence, even if they do not touch you. This threat must be by word or act. The person threatening you must have done something to make you believe that he/she has the ability to cause you physical violence. This violence becomes a battery when someone intentionally touches you without permission. "Domestic Violence means any assault, aggravated assault, battery aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense result in physical injury."

This is the most common statute for sexual violence survivors who do not meet the criteria of the previous statute. Anyone can file for an Injunction if two incidents of violence or stalking have occurred, but one of the incidents must have occurred within the last six months. The "violence" cannot be a threat alone. There must be an assault, a battery, or sexual battery, as described in the 741.30 Florida Statute.

First you need to go to the Clerk of the Court's office in the most convenient county courthouse. Bring identification and any papers related to your case. Remember you must be able to describe your abuser and try to give a home and business address, and a description of the person's car and license number, and a picture if you have one. Tell the clerk you wish to file a petition for an Injunction for Protection. Write the facts of your case and the different items you want the judge to hear. Remember to include the dates of the most recent physical and/or sexual abuse incidents. The clerk will assist you in filling out the paperwork if you do not understand something.

The filling fees for the paperwork are $50.00. If you cannot afford these fees, tell the Clerk. You have the right to file this petition even if you have no money. If you change your mind later and want to remove or dismiss the injunction or the judge decides at the hearing that you or the other party can afford the fee, you may be asked to pay the fees.

After you file your petition, if a judge decides that you meet the statutory requirements for the Injunction, he/she will issue a Temporary Injunction, valid for 15 days or until a hearing can be held. A law enforcement officer will serve the Respondent (abuser) with a copy of the Temporary Injunction and an Order to Appear for the Permanent Injunction hearing. The injunction is not good until it is served on the other person. At the hearing a judge will decide whether to grant a Permanent Injunction. A Permanent Injunction is valid until modified or dissolved by both parties. A Permanent Injunction cannot be granted without a hearing.

- that the abuser not commit any acts of violence against you, your children, or others living with you

- that the abuser immediately leave the home you share

- that the abuser stay away from your home if you are not living together or

- that you have temporary custody of any children you and the abuser have together.

The judge can also order other help, like child support and visitation issues, depending upon the circumstances. This is why the contents of the petition and your attendance at all hearings is so important --so that you can tell the judge what you need and why you need it.

If the abuser violates the injunction, call the police. The police may arrest him/her when the officer has probable cause to believe that the person has knowingly violated or refused to comply with the injunction. You can also file an affidavit of violation at the clerk’s office.

You can obtain a divorce - dissolution of your marriage. This is done through a lawsuit against your husband. You must sue him for divorce. If you have no children and very little property, you may qualify for a simplified "do-it-yourself' divorce. Otherwise you may need an attorney to file the paperwork and represent you in court.

In Florida you do not have to prove who is at fault in order to get a divorce. You have only to show that your marriage to your husband is irretrievably broken. If you sue for a divorce you will almost certainly be able to get one, and it makes no difference whether or not your husband is willing to sign any papers agreeing to a divorce.

Florida requires a minimum of six months residency before divorce action may be taken. If either party has lived in the state for six months you may file for separate maintenance. In court matters, jurisdiction must be established. In order for a Florida court to have jurisdiction over an issue, or to be able to order a person to "do " something, the party must have some sort of ties to the state of Florida. Please check with an attorney or legal information source to answer jurisdiction questions.

A separate maintenance petition asks for support and related help for you and your children, but does not ask for a divorce. You will need a lawyer to file this petition. You can ask for separate maintenance no matter how short a time you have lived in Florida. The court may order your husband to contribute to the support of you and your children, decide who is to have the use of the house and the car, and work out child visitation.

Legal Aid can help you obtain a divorce, if you qualify. If you do not qualify you will need to go to a lawyer in private practice. If you do not know a lawyer, you should call the Lawyer Referral Service of the Florida Bar Association. In a few cases, the lawyer can get his or her fee from your spouse if your spouse has the money. However, you have to pay the initial court costs required to start the lawsuit.

When you talk to the lawyer, do not be afraid to ask what the fee will be, and if the fee can be collected from your husband. You should ask the lawyer what papers, documents and witnesses you will need. The Women's Center has forms to help you collect the most requested information.

When your divorce is granted, the judge also has the authority in some cases to order your husband to pay you alimony and child support for your children. In addition, the judge can give you part of the property that you and your husband have accumulated during the marriage. You should understand that it is sometimes difficult to collect alimony and child support even if the judge awards them. Child support enforcement is handled through the Department of Revenue at 1-800-622-5437. You may have to go back to court several times and ask the judge to hold your husband in contempt of court for not paying. You may need a lawyer and will have to pay court costs again. As a practical matter, you may never be able to get enough money from your husband on which to live and support your children. If this is the case, you will have to earn your own living or look for alternative sources of income.

Divorce is serious and will affect the future of you and your children in important ways. You should not file for divorce unless you are sure that you are not going to go back to your husband and that you are going to go through with the divorce.

Contrary to popular belief a victim of domestic violence is not powerless. She can take steps to help herself and change her situation. Legal remedies may seem difficult or lengthy, but they are available to those who are tired of living in fear and pain. If you need more information on resources available to victims of family violence, call or stop by the Women's Center. A volunteer will be available to talk about your particular needs.