You or someone you know has likely heard the term Domestic Violence Injunction. These three words can have serious consequences in the State of Florida; especially, if you have been accused of domestic violence.
When an individual alleges that he/she is a victim of domestic violence or alleges that he/she has a reasonable fear that there is an imminent threat of domestic violence, the said individual can file a Petition for Injunction for Protection Against Domestic Violence. Once filed, the Clerk of Court sends the Petition to the presiding Judge and the Judge reviews the allegations and the merits of the Petition. Remember that these documents are signed under oath so the Judge has to presume that all the allegations are true and correct because the Petitioner (the person seeking the Injunction) has certified that the allegations are true. Once the Judge reviews the Petition there are three primary scenarios that will occur. The first, is the issuance of a temporary injunction and the scheduling of a final hearing within fifteen (15) days. The second scenario is the denial of a temporary injunction with the scheduling of a hearing on the Petition and the third option is a denial of the Petition in its entirety.
Injunctions serve an important role in protecting domestic partners and their children from abuse; however, they are often abused. Many people will use Injunction Court in an attempt to gain an upper hand in a companion family law case. When you and your significant other begin to experience relationship problems, tensions rise and often people’s anger and emotions cause them to behave in ways they never deemed imaginable. If heated arguments are occurring in your relationship you should exercise self-restraint and be mindful of the fact that your partner may be attempting to entice you into making a consequential mistake. If this is happening, recognize the signs, and do not allow yourself to fall into this trap. If all of your efforts are unsuccessful and you find yourself as the Respondent in an Injunction case, you should absolutely hire an attorney to defend you. Domestic Violence Injunctions can cause more than just inconvenience in your life, and you should have an attorney to assist you in managing and resolving this Injunction.
While an Injunction is a civil matter, a violation of an injunction is a criminal misdemeanor; therefore, you need to protect yourself. Further, if you are the victim, you want the very best opportunity to protect yourself, and having a trusted attorney by your side will increase those chances. It is going to be difficult to stand up to your abuser alone, and having an attorney with you will give you the opportunity to present your case under safe circumstances.