The state of Florida in particular and most states, in general, take domestic violence very seriously. There are thousands of domestic violence petitions generated each year in Florida, and while many are valid, just as often, family law attorneys frequently see spouses seeking a domestic violence order as a prelude to building up a strong case in family court for a divorce, petitions for protection against domestic violence petition merely for spite, or to gain sole control of the family residence.
How Do I Fight Against an Injunction for Protection Against Domestic Violence?
Because there are serious consequences to a domestic violence petition, defendant’s should seriously talk to an attorney and consider fighting the petition, otherwise here can be severe consequences such as:
- Your ability to possess or obtain firearms (very critical if you are a member of law enforcement or work security)
- Possible deportation of your legal status to reside in the country
- You may be required to leave your residence either temporarily or permanently, even
if you have legal title to it - A judge may limit or prohibit your from visiting your children
- You may be required by a judge to pay child support, spousal support or both, even if you are not divorced.
Naturally, there are stricter injunctions to keep you from carrying out domestic violence, but here we’re talking about situations where either both you and your spouse were culpable, or you are accused of threating or carrying out domestic violence when you had no such intention to do so.
The First 15 Days of an Injunction
To protect spouses or domestic partners from living under the threat of imminent domestic violence, providing they meet the bare minimum of standards, anyone in the family can file an initial petition for protection against violence within the family.There is no hearing in which you, as the opposing defendant can appear. The judge will, in most cases simply approve a temporary domestic violence injunction, which lasts a maximum of 15 days.
The Hearing
Next is a hearing, which is your opportunity to appear (with legal counsel present strongly recommended) to state your case. The party seeking the injunction must prove with a preponderance of the evidence, that he or she is in imminent danger of domestic violence.
What Does the Judge take into Account?
Basically the judge is looking for hard evidence, including police reports, medical reports, and other factors that prove the accusing parties case beyond a preponderance of the evidence.
How long will an Injunction remain in effect?
If the judge issues a final injunction against you, they may set a time limit on the injunction such as one year. Or the judge may not list any time limit at all, In which case, the aggrieved party can go back in court asking the court to either modify or terminate the injunction.
Domestic violence protection orders are serious business, with serious consequences. You should strongly consider getting legal representation to protect your rights.
For further details see the following links: