Domestic Violence Articles - Florida Law
The Enforcement of a Domestic Violence Injunction
Posted on August 7, 2018
Domestic violence is a serious issue that should never be taken lightly, which is why any person fearful of being confronted by a violent partner should take the necessary steps to file a petition for the entry of a domestic violence injunction, also known as a restraining order.
Though the order doesn’t always keep an abuser from stalking or hurting a victim, it enables the victim to call the police if a spouse or significant other violates the restraining order. Whether the subject contacts the victim, damages their property, or comes within a certain distance of where they are, law enforcement can arrest the abuser and hold them in custody until they can be taken to Court for a bail hearing.
While there are many causes of domestic violence, divorce is one of the leading motives, especially when the victim tries to get out of the abusive relationship. Florida is a no-fault divorce state, and, although the Court’s decision to dissolve a marriage is not influenced by allegations of domestic violence, such allegations can factor into decisions made regarding custody proceedings, child visitation and support, and alimony.
How to Get an Injunction for Protection Against Domestic Violence
In Florida, a Court gives priority consideration to those who petition for protection against domestic violence. Usually, a judge will review the petition within several hours of filing. If the judge is satisfied with the “one-sided” reading of the petition, they will sign the temporary (or ex parte) order and grant the injunction. The sheriff then serves the order to the respondent, making it illegal for him or her to go near the petitioner.
Within 15 days, both parties must appear in Court for an evidentiary hearing to argue their case. The Court can then decide to keep the injunction in place for a specific amount of time or to throw it out. For this reason, it is vital to have legal representation by your side.
Rely on a Family Law Attorney
Because domestic violence injunction cases can result in a parent receiving limited parenting time or losing their parenting rights altogether, it’s essential to have the best family law firm helping you fight for your legal rights.
If you are in need of a restraining order, believe someone has violated a restraining order issued on your behalf, or wish to address or appeal a restraining order filed against you, contact the Orlando family law attorneys at The Roberts Family Law Firm, P.A. today by calling 407-426-6999.
- The Enforcement of a Domestic Violence Injunction
- The Importance of Protecting Victims of Domestic Violence in the Digital Age
- How to Keep Domestic Violence Accusations from Affecting Divorce Proceedings
- 5 Myths About Domestic Violence
- Domestic Violence Injunctions - What to Expect