By: Joemar Pasco
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How do I obtain an Injunction for Protection Against Domestic Violence?
Obtaining an injunction for domestic violence in Florida can happen when the court deems the marriage irrevocably broken. If a couple has bought a home together, this means that they have to set out to divide the property. Premarital agreements need to be taken into account in the middle of a divorce proceeding if they exist.
Intense emotions often happen at the end of a relationship because some spouses may find themselves frustrated they are filing for divorce. However, some people are the opposite of flustered, by being happy and relieved.
How to Obtain an Injunction
An injunction is also called a restraining order is a court legal order that stops a domestic violence routine from escalating. The ex-spouse may violate those orders because of not only this but violating a protective injunction results in criminal charges that affect who gets custody of the children.
Injunctions such as repetitive domestic violence or stalking which has occurred six months before the petition is a common situation people go to court for. Sexual violence restraining orders mean that criminal sexual acts were perpetrated on a victim because dating violence injunctions have a continued and significant romantic relationship.
The Court case
A judge decides the fate of your children in court, but they also have the right to legal representation. Stalking injunctions involve physical stalking, cyberstalking, harassment and other similar acts. A premarital agreement that has been worked out is an agreement between prospective spouses that stokes an agreement about who gets what in the case of divorce. Domestic violence is something you can call 911 about if all else fails. A victim of domestic violence is known as the petitioner because the other party is the respondent.
The Outcome of the Case
The marriage could be determined to be void, even if the prenuptial agreement is active. The agreement is enforceable to the extent it is needed to avoid an inequitable result. The judge would order alimony in the case of adultery of either spouse when the marriage is dissolved because of adulterous behavior.
If there is a minor child involved payments are not directed through the depository, which is a person or financial institution that the court provides a copy of the order to. Both parties may request that the order goes through the depository. The judge will make a decision based on a hearing with both parties present and accounted for.