Individuals who are facing an accusation of supposed domestic violence must be careful in responding to the charges. Not only will a conviction require you to spend at least ten days in jail but the court may impose a punishment almost immediately after an arrest. These punishments can take the form of domestic violence injunctions that require you to cease contact with the alleged victim. This could be a spouse, a parent, or even a child.
It is critically important that you be prepared when responding to a domestic violence injunction in Orlando. A proper response could let you remain in the family home, at a job, or keep visitation orders with your children in place. An attorney could further explain what a domestic violence injunction means and work with you to prepare a defense.
Injunctions are no-contact orders that may go into effect after an incident involving domestic violence, which refers to any criminal allegation where the alleged victim is the defendant’s household member. Under Florida Statute § 741.28, these individuals may be blood relations, spouses, dating partners, or roommates.
These people have the right to ask the court to issue a domestic violence injunction and a judge must be persuaded that there is a likelihood of further violence or intimidation that could impact that person. In most examples, the court will allow the supposed victim to make their case on their own without a defendant having an opportunity to respond. This can result in the creation of a temporary domestic violence injunction that can last no more than 15 days.
When a person receives notice of this injunction, they must stop all contact with the alleged victim. The notice will also include a date for a future hearing to further explore the need for a protective order. An attorney could provide more information about these orders and the proper ways of responding to a domestic violence injunction in Orlando.
A person who receives notice of a temporary domestic violence injunction must begin building their defense immediately. The date listed on the order is the sole opportunity to argue that the protection order is unnecessary and that a person should be free to live their life as they see fit until the case comes to a close.
A court that hears requests for permanent domestic violence injunctions in Orlando will consider a collection of factors:
If it is debatable about whether any of these factors exist, a lawyer could make that case to the court. Obtaining this outcome is critical to allowing a defendant to await trial on their case with as little disruption to their life as possible.
If you have received notice of a temporary domestic violence injunction, you need to act quickly to protect yourself. If a judge believes that there is a high chance that supposed abuses or violence may continue, they may create a permanent no-contact order that remains in place until the end of a criminal case.
A seasoned defense lawyer could help prevent this outcome by gathering information about your relationship with the alleged victim and show that no risk factors exist that justify the creation of a permanent order. Using this information, they can appear in court on your behalf to work towards defeating these orders. Reach out to us now, as state law requires a full hearing to take place no more than 15 days after the creation of a temporary domestic violence injunction.
The Umansky Law Firm Criminal Defense & Injury Attorneys