Domestic violence is a national issue within the United States that has caused many states to craft laws specifically designed to help protect victims from further harm. Florida law offers protection options to those suffering from domestic abuse, with several options for injunctive relief that act as restraining orders. This stops any further contact between the abused party and the alleged abuser.
While obtaining the initial temporary domestic violence injunction is fairly simple, it’s vital to handle your case carefully, since your safety depends on the court granting your action. This is true for all parties involved as those accused of this type of behavior face extremely negative impacts in their lives going forward if a permanent order occurs. Whether you’re filing the petition or are the target of such an action, a domestic violence injunction lawyer is a must when presenting your case to the court.
According to Florida Law 741.30(6)(a) a judge may grant a domestic violence injunction if the petitioner (person who requested the injunction) appears to have suffered harm or is in imminent danger of becoming a victim of such behavior.
This means you must present to the court proof that the accused abuser is or was a member of your household. You must also show evidence that you suffered harm by any of the following actions at the hands of this person:
No matter which side of this type of case you’re on, do not attempt to represent yourself in court. Trust an attorney with a successful case history in this field of practice.
If a Florida court grants a permanent domestic violence injunction on your behalf or against you, it’s imperative that you understand the full scope of limitations and potential consequences that go with it. It’s ultimately up to the presiding judge’s discretion as to what guidelines you must follow to stay compliant with the order.
The following is a list of consequences that may be imposed as a result of a permanent injunction:
For those who unsuccessfully defend against an injunction action, the stakes are even higher if they violate the order. Remember, your rights and ability to communicate with one another in the future are now permanently severed and the penalties for ignoring this fact are devastating.
Each violation could potentially lead to:
Florida lawmakers have taken a hard line against those who violate a domestic violence injunction. To do everything in your power to avoid this from happening to you, consult a knowledgeable Florida injunction attorney about your situation right away.
The sad reality is that there are those who use domestic violence injunctions to hurt another out of spite, jealousy, anger, and a myriad of other reasons that have nothing to do with actual harm. This situation is especially challenging because of how much you stand to lose due to someone else’s mistruths.
It’s important to know the following about domestic violence injunctions:
Do not take accusations lightly during the injunction process. Hire a lawyer immediately so that damage control can begin. A judge will likely grant a temporary order without ever hearing your side of the story, meaning you will have to wait until the final hearing for a permanent injunction instead.
The most important takeaway when filing a request for a domestic violence injunction is that no one should ever endure violence or abuse in a relationship. Your safety should never be compromised and the state of Florida supports this premise with the different injunctions available to its residents. The Fighter Law Firm is passionate about protecting individuals from abusive relationships which they need to leave, and defending those who are the target of false claims.
You have the right to live life without fear, and we help you exercise this right. As an AV Rated Preeminent Lawyer, attorney Thomas Feiter was also a Florida Bar’s Board Certified Lawyer of the Year in 2015. He is one of the few attorneys in the Orlando area who is Board Certified in Criminal Trial Law by the Florida Bar. Speak to him about your case with a free consultation when you call (407) FIGHTER (344-4837) or complete our contact form.
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