Florida Family Law Attorney: Florida Domestic Violence Injunctions

 

Family Law Attorney: Florida Domestic Violence Injunctions

Civil domestic violence cases are, unfortunately, common during the course of a divorce and usually result in one party seeking a restraining order against the other. A civil domestic violence case seeks remedy from the courts to keep the offender, in this case the spouse, away from you.

 

You can obtain a restraining order against your spouse if they commit any act of physical violence against you, make a threat to commit physical violence against you, or if you have a reasonable fear that you are in imminent danger of harm from them.

 

There are times when domestic violence injunctions are truly necessary, but there are also times when an injunction is being used as a punishment against an otherwise innocent party. When an injunction is entered properly, the court must find that the petitioner had been a victim of domestic violence or there is an imminent danger of becoming a victim of domestic violence.

 

When someone needs to file for or has been served with a domestic violence injunction or Florida restraining order, they believe that they can simply go to court and handle the issue themselves. They think that if they can just tell their side of the story to the court, the issue will be resolved appropriately.

 

Unfortunately, that isn't always the case. In order to successfully file for or protect against a domestic violence injunction, a person must seek help from a Florida family law attorney.

 

For Victims of Domestic Violence

Anyone that believes they need an injunction to protect themselves or their children from domestic violence cannot afford to make a mistake. Filing for a domestic violence injunction on your own will put you and your family at risk of not getting the protection you need.

 

Anyone that is experiencing, abuse or threats of abuse, should do the following:

Remove yourself and your children from the home and seek help from the Florida Department of Children and Families.

 

Contact a Florida family law attorney to help secure a temporary injunction against your alleged abuser. Typically, these injunctions are good for 15 days or until a hearing is scheduled.

 

Following a hearing, the judge may award an indefinite order of protection that can also award custody, visitation and child support to the petitioner.

 

For Those Accused of Domestic Violence

Anyone that has been threatened with a domestic violence injunction needs strong defense and should seek legal representation immediately. If an injunction is placed against you, it will have a serious impact on your life. You need to know the repercussions and what you can do to prevent them.

 

Anyone that has been accused of domestic violence must understand that:

Your home, your ability to see your children, your right to carry a weapon and your financial situation are all at stake in a civil domestic violence case.

 

Sometimes, accusations of violence are false and arise from a contentious divorce proceeding.

 

If you need help, your enrollment in a batterers' prevention program will demonstrate your willingness to change.

If domestic violence plays a role in your divorce, whether you are the victim of the accused, it is important that you retain a Florida divorce lawyer who can help you to protect yourself, your children and your rights.

 

Stephen K. Miller, P.A. and his team, working from several offices throughout North-Central Florida, are well-versed in handling restraining orders and domestic violence injections.

 

Contact Us today to find out how one of our skilled Florida family law attorneys can help you.