Domestic violence is frightening and dangerous. Because it most frequently takes place in private settings, it is also difficult to discover and obliterate. If you are a victim of domestic violence in Florida, you must take the necessary steps to protect yourself, your children, and any other individuals who live in your home. To do this requires the services of a capable, compassionate family law attorney who will assist you in obtaining a Domestic Violence Injunction.
If you are located in Central Florida, now is the time to contact the experienced lawyers of Orlando Family Team. We have the skill set and extensive experience to help you get out of the terrifying situation you’re in. Get in touch with us now to begin to reclaim your life and your independence.
What Is a Domestic Violence Injunction?
A Domestic Violence Injunction, also known as a “restraining order,” is a court order that forbids a person who is threatening you to refrain from any contact with you or be legally penalized. It is one legal means of helping to protect you from threats or acts of violence.
Florida Statute 741.31 makes the violation of a Domestic Violence Injunction a crime. Any violation of the injunction is perceived by the court as a crime since it involves the willful disregard of a court order. It is important to note that a Domestic Violence Injunction cannot be waived by the individual who originally obtained it for protection.
Reasons for Issuing a Domestic Violence Injunction
Domestic Violence Injunctions are used to protect individuals who allege imminent threats or report acts of domestic violence. The term “domestic violence” in Florida covers a wide range of actions, including:
- Assault
- Battery
- Sexual violence
- Stalking
- Kidnapping
Domestic violence also covers any criminal offense that results in physical injury or death to a family or household member, such as a spouse, former spouse, those related by blood or marriage, people who are living together as a family, or individuals who have a child in common, regardless of whether they have ever been married or lived together.
How a Domestic Violence Order Works
Once the domestic violence order is filed, the court may issue a temporary injunction before a hearing is held to provide immediate protection to the victim. The court then schedules a hearing, typically within 15 days, at which the judge will decide whether a more extended protection order is necessary.
Local police will be charged with enforcing the injunction. Because the situation is usually highly volatile, such orders are often violated. If this happens, law enforcement can arrest the violator immediately, even without a warrant.
Ways a Domestic Violence Injunction Can Be Violated
Not all Domestic Violence Injunctions are identical. They can be tailored to the particulars of the case. The following violations, however, are common to most orders:
- Physical violations include [1] being present in places forbidden by the injunction, including in the petitioner’s home, school, or place of work [2] intentionally coming within 100 feet of the petitioner’s car or other vehicle or [3] damaging/destroying the petitioner’s private property.
- Communication violations include making direct or indirect contact with the petitioner by mail, phone calls, or through third parties.
- Cyberstalking is when the stalker uses electronic, such as texts, emails, or other messaging techniques, as a means to harass or intimidate the petitioner.
- Firearms violations include owning, purchasing, or possessing a firearm or ammunition when the injunction explicitly forbids it.
Penalties for Violation of a Domestic Injunction in Florida:
Violation of a Domestic Violence Injunction is considered a first-degree misdemeanor in Florida. Penalties for such a violation may include:
- Imprisonment for up to one year
- Fines of up to $1,000.
- One year of probation
- Mandated attendance in a Batterer’s Intervention Program(a 26-week course designed to educate and rehabilitate individuals found guilty of domestic violence)
- Community service (hours to be determined by the court)
Repeated violations can result in enhanced penalties. Continuing violations may result in reclassification of the crime as a felony with longer jail time and higher fines.
How Our Experienced Domestic Violence Attorneys Can Help
When you are confronted by domestic violence, taking the necessary steps can be over-whelming, involving as it does acknowledging a misery that has usually been kept secret and facing the terrifying prospect of poking the hornet’s nest. Alarming as taking action may be, you will feel more secure with Orlando Family Team’s powerful attorneys at your side. We have been through this before and are not easily intimidated. You can depend on us to:
- Provide you with excellent legal counsel and representation
- Offer you potential safe alternatives to remaining in your home
- Make sure the injunction specifically forbids the actions you most fear
- Assist you in contacting law enforcement agencies
- Supply you with the numbers and locations of domestic violence hotlines and organizations that will provide you with further resources and counseling
- Assist in enforcement by ensuring the violator will face appropriate legal consequences.
- Document all interactions and violations so that we have the evidence we need for court
Contact Our Experienced Domestic Violence Lawyers Now
Don’t let yourself remain a victim. Our accomplished attorneys will make your cause our own. For decades, we have been committed to protecting individuals and families from the brutality of domestic violence and we are eager to help you move past this ugly phase of your life. Contact us today so we can help you shape a secure and promising future.
