Domestic Violence Injunctions
Maitland Domestic Violence Lawyer Protecting Your Rights
In the state of Florida, a domestic violence injunction can protect the
victims of domestic violence. Domestic violence is any assault or battery
which causes physical harm or death to one family or household member
by another. This includes spouses, former spouses, any persons related
by blood or marriage, any persons living together or who have lived together
as a family in the past, and any persons who have a child in common whether
or not they've been married or have resided together. Domestic violence
can also occur in other intimate relationships.
Do you need help with obtaining a domestic violence injunction? If you
are in Orange or Seminole Counties,
contact a Maitland domestic violence attorney at The Troum Law Firm, P.A.
Purpose of a Domestic Violence Injunction
If you or someone you love has been a victim of domestic violence, you
can file a domestic violence injunction petition for protection.
This is a court order issued to the abuser to:
- Stop the violence or harassment
- Leave the shared residence
- Avoid contact with the victim at home, work, or school
- Attend appropriate counseling
The order may also temporarily settle
child custody and visitation rights, occupancy of the home, and child or spousal support issues.
The primary purpose of an Orlando domestic violence injunction is to provide
the victim emergency protection from further abuse. Upon completion of
the petition, a judge will review the situation and decide whether the
allegations meet the requirements of Florida statutes. If the judge determines
such a danger exists, the court enters a temporary domestic violence injunction.
The temporary injunction orders the alleged abuser to have no contact
with the victim until a preset court hearing is held. The judge then considers
whether to dismiss the injunction or grant a permanent injunction, which
remains effective until its expiration date or it is changed/terminated
by a judge.
Types of Domestic Violence Injunctions
There are four types of protection injunctions, which handle different
circumstances of violence:
- Petition for Injunction for Protection Against Domestic Violence –
This order protects you against family or household members even if they
no longer live with you. This petition may be filed after just one incident
of domestic violence.
- Petition for Injunction Against Repeat Violence – This petition is
filed if you've suffered more than one act of violence. You do not
have to be related to the other person or have a history of a personal
relationship with the other person.
- Petition for Injunction Against Dating Violence – This petition is
filed if your abuser is someone you've had a romantic or intimate
relationship with in the past six months.
- Petition for Injunction Against Sexual Violence – This petition may
be filed if you are a victim of sexual violence according to Florida law.
For a petition to be approved by the court, certain requirements must be
met in accordance with Florida statutes.
The Benefits of a Family Law Attorney
While it is not required by law to hire a lawyer, it is highly recommended.
A qualified attorney can clarify the requirements, help you understand
the information on the forms, provide you with competent legal advice,
and assist you in filling out the necessary paperwork. In many situations,
child support or child custody issues may be involved or the abuser has hired a lawyer.
Under these circumstances, retaining an experienced attorney is imperative
in order to best protect your legal rights and maximize your interests.
Call The Troum Law Firm, P.A. in Maitland, FL at (321) 428-2247 to
schedule a consultation today.