Domestic Violence Information
Orlando Domestic Violence Attorneys
If your spouse or partner is threatening you or has become physically abusive, Florida’s domestic violence laws can give you security. By filing a domestic violence injunction, you can protect yourself by having your spouse removed from your home and enjoined from contacting you. Unfortunately, accusations of domestic violence are often misused by a spouse who wants to get the upper hand in a divorce case.
We have represented both the abused spouse as well as those who have been accused of abuse.
Accusations of domestic violence can cut both ways in a divorce. If the accusation of spousal or child abuse is believed by the court, it can result in restricted time sharing schedule for the abusive parent. However, making a false allegation of domestic violence can result in loss of time sharing with the child by the accuser. If you have been accused of domestic violence, it is important to seek legal advice as soon as possible. A domestic violence injunction is a restraining order and it can affect you both personally and professionally. Generally speaking, employers are not interested in hiring an employee who has a restraining order for domestic violence on his or her record. If you are a police officer, a domestic violence injunction can result in a loss of employment since you would be unable to carry a gun.
Pursuant to Florida Statute Section 741.30, any person who is either the victim of domestic violence as defined in Florida Statute Section 741.28 or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence, has standing in the circuit court to file a sworn petition for an injunction for protection against domestic violence. In determining whether a petitioner has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence, the court shall consider and evaluate all relevant factors alleged in the petition, including, but not limited to:
1. The history between the petitioner and the respondent, including threats, harassment, stalking, and physical abuse.
2. Whether the respondent has attempted to harm the petitioner or family members or individuals closely associated with the petitioner.
3. Whether the respondent has threatened to conceal, kidnap, or harm the petitioner’s child or children.
4. Whether the respondent has intentionally injured or killed a family pet.
5. Whether the respondent has used, or has threatened to use, against the petitioner any weapons such as guns or knives.
6. Whether the respondent has physically restrained the petitioner from leaving the home or calling law enforcement.
7. Whether the respondent has a criminal history involving violence or the threat of violence.
8. The existence of a verifiable order of protection issued previously or from another jurisdiction.
9. Whether the respondent has destroyed personal property, including, but not limited to, telephones or other communications equipment, clothing, or other items belonging to the petitioner.
10. Whether the respondent engaged in any other behavior or conduct that leads the petitioner to have reasonable cause to believe that he or she is in imminent danger of becoming a victim of domestic violence.
Should the Court find that the petitioner is a victim of domestic violence or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence, the Court will enter a final judgment for injunction for protection. The final judgment enjoins the respondent from going to the petitioner’s place of work, home, or from otherwise getting close to the petitioner. The final judgment may also award either party exclusive use and possession of the parties’ home, establish a time sharing schedule for the parties’ children, and order child support.