Winter Park Domestic Violence Injunction Lawyer
Domestic violence is heartbreaking, and it can affect anyone. Although most domestic cases involve spouses or individuals who have been involved in romantic relationships, it can affect others, as well. Children and even parents and grandparents can become victims, as can other family members. If you are a victim of domestic violence, it is important to speak to a Winter Park domestic violence injunction lawyer who can help. You may need to obtain a domestic violence injunction.
How to File a Domestic Violence Injunction
Domestic violence injunctions, otherwise known as restraining orders, can be filed at any time, day or night. You can even file them on the weekends and holidays. To obtain a domestic violence injunction, you will have to file a petition with the Clerk of the Court. Although you are not required to work with a lawyer when obtaining an injunction, you have the right to legal counsel. A lawyer can make this very difficult process easier.
There is no fee for applying a domestic violence injunction, but you will need a piece of identification, such as your driver’s license. You will also need to present different arguments pertaining to why you are applying for the injunction. A judge will then determine if there is an immediate and present danger.
If a judge finds that you are in immediate danger, they will issue a temporary order of injunction, also known as an ex parte. An evidentiary hearing is then scheduled to make the injunction permanent. The evidentiary hearing must be scheduled within 15 days of the temporary order being issued. A lawyer can appear at these court hearings on your behalf. A lawyer can also advise on other issues related to domestic violence injunctions, such as child custody and time-sharing, and sharing a home with the person engaging in violent acts.
Important Things to Know About Domestic Violence Injunctions
It is a common misconception that domestic violence injunctions can only be obtained against another member of the household. That is not the case. Domestic violence injunctions can be filed against family members and current and former romantic partners, regardless of whether the two parties live together. In cases that involve two or more violent incidents, one occurring within the past six months, a repeat violence injunction is appropriate. Dating and sexual violence injunctions must meet other certain criteria.
If your request for a domestic violence injunction has been denied, you can also appeal the decision. A lawyer can help you through the appeals process, but will also give you your best chance of success if you have to apply for one, or defend against an injunction.
Our Domestic Violence Injunction Lawyer in Winter Park Can Help
Domestic violence is very serious, whether you are facing accusations or are a victim. At Anderson & Ferrin, our Winter Park domestic violence injunction lawyer can help you through this difficult time and answer all of your questions. Call us today at 407-412-7041 or reach out to us online to schedule a free consultation.
