Escaping an abusive partner – the ins and outs of injunctions for protection

Dangerous. Daunting. Demanding.

Those are just a few words to describe what it’s like to escape an abusive partner. Survivors of domestic violence often seek an injunction, similar to a restraining order, but for some, it may not be the best option.

“We expect them to leave, and that’s not always economically feasible. And, you know, there are all of these barriers,” Kristina Lawrence said.

Those brave enough – might seek an injunction for protection.

“The injunction for protection is something that can help survivors achieve immediate safety,” she added.

Lawrence is the lead managing attorney for Statewide Legal Services with the Injunction for Protection project.

She reviewed the numbers with WINK News Anchor Nicole Gabe. In the last year, 675 people requested an injunction for protection in Collier County. In Charlotte County – 1,006. And there were 3,000 requests in Lee County.

That’s an incredibly dangerous time for a survivor.

Kristina Lawrence, Lead Attorney, Injunction for Protection project

While that piece of paper can help, it only offers so much protection.

“An injunction for protection is a piece of paper and it can result in different results for different kinds of abusers,” Lawrence explained. “It’s not always the best choice for every single survivor.”

Audrey Peterson was murdered. Documents show that in February, Peterson requested a protection order in Pinellas County against her ex, Francis Scoza.

“The system really does put all of the onus on the victim, to not only prove the allegations, but also, a lot of times when you compare it to other crimes, particularly, they kind of have to go above and beyond in the proof,” the attorney pointed out.

In her petition for protection against stalking, Peterson wrote, “I texted him ‘please leave me alone.’ He replied, ‘Never.'”

Another text she claimed Scoza sent said, “You took 20 years of my life. I am not done. Be careful.” Peterson’s request was denied.

“All injunctions are difficult to get. There is kind of a myth out there that you can just go file for one in there, you know, they’re handed out or whatever. And that’s not the case,” explained Lawrence. “In this case, she did opt to continue to have a hearing and therefore put him on notice, but there was not a temporary order of protection.”

Court records show that on February 9, Scoza was served with a notice of a future hearing. Investigators said that same day, Scoza killed Peterson and himself.

“With some abusers being notified of the fact that now the abuse is public, and it is out there and that the victim or the survivor is going to seek protection and kind of let everyone know, that’s an incredibly dangerous time for a survivor,” stated Lawrence.

A deadly reality. It’s why Lawrence wants you to know her team is here. “We currently have 72 lawyers across the state who are situated in the domestic violence centers, and they provide free civil legal services to survivors,” she added.

• Lee
• Hendry
• Glades
• Charlotte
• Desoto
• Collier

Tama Caldarone is an attorney with the Shelter for Abused Women and Children in Collier County.

“Here at the shelter, we have a unique position. The injunction for protection project was created throughout the state to really put attorneys and paralegals in the forefront of that filing of the injunction, to really give the survivor an opportunity to speak to somebody to understand the entire process,” said Caldarone.

She works with survivors to create an action plan. So does paralegal Morgan Hawk.

“My office is co-located in the courthouse, and I assist survivors with filing injunctions,” added Hawk.

She sees between 60 and 70 people who are ready to file a month.

“That’s probably the first thing that I talk about. Is it safe?” she questioned. “Because you know, as we know, it is a piece of paper.”

And if a survivor is denied, she’s the first to ask what’s next.

• What is an Injunction?
• Filing a Petition
• Once you file
• Resources

“How are we going to support them after this? What do they need to start doing next? You know, do we need to get into services? Does she need to relocate? What programs does the shelter offer for her to move forward in her life? It can be paralyzing,” said Hawk.

If a temporary injunction for protection is issued, a hearing is scheduled within 15 days. The person filed against will also be notified.

If a petition is denied upon initial review, the abuser will not be notified, and the case will remain confidential.