Domestic violence is a serious health problem in the United States. Although common, domestic violence is often not reported.
At the Farr Law Firm, our attorneys have the experience and legal knowledge you need to help to get a restraining order, or what is called a “domestic violence injunction” in Florida. Our team is also prepared to handle other related services if someone in your family is exhibiting dangerous and abusive behavior.
Florida law defines domestic violence as “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.” A family or household member is defined as “spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married.” Additionally, the required relationship between the parties includes much more than just those that are romantically involved.
Acts of domestic violence include but are not limited to:
It is important to note that no actual physical violence needs to have actually been committed in order for a domestic violence injunction to be obtained. Instead, any person who is a victim or who has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence may request a domestic violence injunction.
No arrest of the assailant is required to pursue an injunction against domestic violence. An injunction against domestic violence is a civil action and can be pursued even if no arrest has been made.
The consequences of an injunction against domestic violence are severe and may include a prohibition against being in the vicinity of or communicating with the person that requested the injunction, required attendance in batterers’ intervention, and a prohibition against the use or possession of firearms. If there are children between the parties, the court may also order time-sharing and child support. A request for an injunction against domestic violence must be taken seriously, even if such a request is lacking in merit.
Requesting or being threatened with an injunction against domestic violence is a serious matter. You want an experienced attorney to protect your rights in court and work towards the best possible outcome. The attorneys at the Farr Law Firm have experience on both sides of this type of litigation and can assist you in protecting against domestic violence or in defending against false allegations of domestic violence. Call us today to schedule a consultation.