It is an unfortunate fact that the threat of domestic violence affects thousands of men, women, and children in Florida. Thankfully, state law allows people who are the victims of these events to seek out immediate protection in the form of a domestic violence injunction. These court orders require a defendant to cease all contact with the victim until the end of their case. If the case ends with a conviction, these orders may become permanent.
Individuals who have experienced domestic violence need to take steps to protect themselves. An assault injury attorney is ready to provide assistance when filing a domestic violence injunction in Orlando. They can explain whether your incident can be classified as domestic violence, file formal petitions for this protection in court, and make in-person arguments as to why there should be no contact between you and your abuser.
There is no specific law in Orlando or anywhere else in the state that makes domestic violence its own form of crime. Instead, the concept of domestic violence describes a collection of violent or abusive activity that affects people close to a criminal defendant. It is the identity of the victims in a case that makes an event an example of domestic violence.
Domestic violence describes situations where the victim of a crime is a household member of the defendant. According to Florida Statute ยง 741.28, a household member can include:
A lawyer could provide more information about when courts may classify an event as one involving domestic violence. This classification gives victims the choice of filing a domestic violence injunction in Orlando.
People seeking a domestic violence injunction in Orlando need to file a motion with the criminal court hearing the case. This motion must cite the fact that the victim is a household member of the defendant. It must also provide specific reasons why the person fears for their well-being and that the defendant remains a threat. The person can file this petition for themselves or may do so on behalf of their underage children.
Upon receipt of the petition, the court will hold a quick hearing where the petitioner speaks to the judge without the defendant present. At this time, a judge may grant a temporary injunction. If this occurs, the court will schedule a full hearing no more than 15 days in the future, where both sides will have the chance to tell their sides of the story. An attorney could help craft a petition for a domestic violence injunction and makes the necessary arguments in court on behalf of the petitioner.
People who experience domestic violence have rights under the law. This includes the ability to ask a court to end all contact between them and their abusers while the case makes its way through to trial. If they are a household member of the defendant, and there is a threat of violent or abusive behavior continuing in the future, a judge may grant these no-contact orders.
An attorney from The Umansky Law Firm may be able to help you obtain this protection by examining whether the incident was one involving domestic violence. If so, they can obtain the information needed to make persuasive arguments in court and present it before a judge on your behalf. Contact our team now to get started.