Lithia, FL asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for Florida

Q: Do I have to file an injunction. Feel like I'm being forced to do so.

Last fri. my boyfriend punched my arm. My child was not at home that night. The next night I was slapped, my son was in bed and herd it. I got my son up and we left the house. I went up the street and called the police. Because I had my son (not my boyfriends child)with me they contacted dcf. The police went with me to my home, and asked my boyfriend to leave. He did. He was not arrested. He said he will not come back. And hasn't. DCF is trying to force me to file an injunction on him. The DV incident I truly believe was an isolated incident. Even the case worker said she thought it was an isolated incident. Then she came back the next day and said she is trying to help me but if I don't file the injunction then she will become my enemy... if i don't file the injunction will she take my son. This has been the only incident of DV ever in our relationship. I dont want to file the injunction but I feeling like i was threatened by dcf. Any advice would be helpful. Thank you.

1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: You wouldn't "file an injunction" in any event; you would file an application FOR an injunction, asking the court to issue such an injunction.

But I agree with you: I don't see any need for an injunction. Ask the case worker why she is insisting on an injunction.

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