Domestic Violence in Florida

Domestic Violence - Important Considerations

Domestic violence is defined as any assault, battery or criminal offense that results in the physical injury of someone you live with or have lived with previously.
Victims may file a petition seeking a restraining order.
A temporary injunction may be granted initially based only upon the petition
Injunction hearings are to be held within 15 days of filing the Petition and will determine whether domestic violence occurred
A history of domestic violence may impact Child Custody
The credibility of the parties is often critical to Court’s decision

1 in 3 women and 1 in 4 men in the United States have been the victim of domestic violence (National Coalition Against Domestic Violence). The truth about domestic violence is that it can happen to men and women before, during and after a relationship or marriage. If you have been the victim of domestic violence in Florida, do not hesitate to act. The courteous lawyers at LaFrance Law are here to help you determine the best course of action for you and your family when an act of domestic violence has taken place.

What is Domestic Violence?

Domestic violence is defined in Florida Statute, Section 741.28 as any criminal offense, assault or battery that physically injures a family or household member. It is not necessary for the individuals involved to be married or blood-related to be considered family; living together as a family unit or having children outside of marriage is also considered a family in Florida. Even if you are divorced and have been abused by your ex-spouse, the action is still considered an act of domestic violence.

Did You Know?

What kind of behavior is considered domestic violence?

Domestic, or relationship violence can come in many forms including:

Physically hurting you, intentionally or “on accident”
Emotional abuse through name calling and manipulation
Extreme jealousy and possessiveness
Destroying your property or harming pets
Demanding sex or unwanted sex practices
Stalking during or after the relationship

Injunction for Protection Against Domestic Violence

If you have been the victim of domestic violence or feel that you are in imminent danger you can file an Injunction for Protection Against Domestic Violence, which is also referred to as a restraining order. A civil domestic violence injunction is essentially a court order designed to prevent your abuser from coming in further contact with you as well as other requirements the Florida courts may see fit such as a temporary child support order or requiring the abuser to leave your home.

An injunction petition must be filed by the victim and it is not uncommon for a judge to grant a temporary injunction based on your sworn testimony. A temporary injunction is used to provide protection before a formal hearing can occur between both parties. Temporary injunctions have a maximum time frame of 15 days and the court appearance will be scheduled to occur within that period.

During the formal hearing, the victim is given the opportunity to provide evidence of abuse or that he/she is in imminent danger of abuse. The alleged abuser will be given the same opportunity to defend themselves. During the full hearing, it will be decided if a final injunction is appropriate. A final injunction may provide the victim with more protections and may be permanent or be ordered for a long-term period of time.

Whether you have been the victim of domestic violence or feel you are in danger, don’t hesitate to reach out for help. The attorneys at LaFrance Law have the knowledge and experience to guide you through this process. Fill out the form on the sidebar or call us at 813-930-5542 for a consultation.