Pursuant to Florida Statue § 741.28(2) “Domestic Violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
When a person petitions the court for an Injunction for the Protection against Domestic Violence, under Florida Statue §741, commonly known as a Restraining Order, they must allege in the complaint a basis for the Court to grant the injunction, ex-parte (without notice to the other party). The person petitioning the Court must allege that they are in fear of becoming a victim of domestic violence. An Injunction for the Protection against Domestic Violence may be granted with, or on behalf of a minor child.
If the Temporary Injunction for the Protection against Domestic Violence is granted then a hearing date will be set so the parties can address the Court so that the Court can decide whether to extend or make permanent the Injunction for the Protection against Domestic Violence. Some of the factors the Court may take into consideration in deciding whether a petitioner has a reasonable belief that an imminent danger of domestic violence exists are:
- Prior threats, harassment, stalking, and physical abuse between the victim and the accused
- Has the accused attempted to harm the victim or family members or individuals closely associated with the victim
- Has the accused threatened to conceal, kidnap, or harm the victim’s child or children?
- Has the accused intentionally injured or killed a family pet?
- Has the accused used, or has threatened to use, any weapons such as guns or knives against the victim?
- Whether the accused has physically restrained the victim from leaving the home or contacting the police.
- Does the accused have a criminal history involving violence or the threat of violence?
- Was another order of protection issued previously or from another jurisdiction?
- Has the accused destroyed personal property, including, but not limited to, telephones or other communications equipment, clothing, or other items belonging to the victim?
A temporary or permanent Injunction for the Protection against Domestic Violence may have but is not limited to the following Ramifications and is therefore a matter that should not be considered lightly:
- Any further contact between the victim and the accused and what conditions such contact may occur.
- Who will have exclusive use of any residence shared by the parties.
- Who will have temporary custody of any minor children of the parties.
- Will child or spousal support be ordered
Florida aw on domestic violence is not easy and has difficult rules and procedures. Don’t do it alone. I always offer a free consultation. There is no better way than sitting down face-to-face with me to learn what your rights are and to get what you deserve. If you are reading this I am sure you know someone, a friend or family member, that has a horror story regarding their own experience. That’s why you should always consult an attorney that practices Divorces and Family Law and nothing else. Someone like me. I don’t practice criminal law or elder law, or many other types of law. I am Florida Divorce and Family Law attorney that understands the laws completely, because I handle family law matters on a regular basis. I will always listen compassionately and attentively to your needs and concerns and provide you with the best advice for your particular case.