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THE BASICS ABOUT DOMESTIC VIOLENCE INJUNCTIONS

July 24, 2015 by  
Filed under Uncategorized

 

 

An injunction for protection against domestic violence (sometimes called a restraining order) is a court document that orders the abuser to stop doing certain acts (such as abusing you, contacting you or coming near you) and can make the abuser do other acts (such as leaving a home, and paying temporary child support). It can also give you certain rights (such as temporary custody of your child(ren)). If you have an injunction, and the abuser violates the injunction, the police can arrest the abuser for the violation.

An injunction may be sought by family or household members. No person is precluded from seeking injunctive relief solely on the basis that such person is not a spouse.

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. If someone is the victim of domestic violence or has reasonable cause to believe that they are in immediate danger of becoming the victim of any act of domestic violence, they can apply for an injunction against domestic violence.

An injunction may be sought by either a victim of domestic violence or someone who has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence because someone has committed or threatened to commit domestic violence, previously threatened, harassed, stalked, or physically abused the petitioner, attempted to harm the petitioner or family members or individuals closely associated with the petitioner, threatened to conceal, kidnap, or harm the petitioner’s child or children, intentionally injured or killed a family pet, used, or has threatened to use, against the petitioner any weapons such as guns or knives, physically restrained the petitioner from leaving the home or calling law enforcement, has a criminal history involving violence or the threat of violence, has another order of protection issued against him or her previously or from another jurisdiction, destroyed personal property, including, but not limited to, telephones or other communication equipment, clothing, or other items belonging to the petitioner, or engaged in any other behavior or conduct that leads the petitioner to have reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence.

Once an injunction has been sought it is reviewed exparte and a judge decides whether to grant the injunction on a temporary basis.  A hearing is then set on the petition for injunction so that both sides can present evidence and the court can decide if an injunction is warranted.  At such a hearing it is up to both sides to put on witnesses and evidence in support of their positions.

If you need advice concerning a domestic violence injunction you are welcome to contact our offices to arrange a consultation.

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Disclaimer: The Law Offices of Robert Hanreck, P.A. is based in Miami , Florida and serves clients throughout the State including Miami-Dade and Broward counties. We are licensed to practice law in the State of Florida. This website is intended for informational purposes only and is not meant to constitute legal advice, or solicit clients outside of the State of Florida.