Maitland Domestic Violence Lawyer
Domestic violence has become an increasingly serious problem in the U.S. Florida lawmakers have taken steps to address these concerns by passing strict domestic violence laws, which protect victims from further acts of violence. For help navigating these laws, or to learn more about how to protect yourself, either from a dangerous family member or from false accusations, please reach out to an experienced Maitland domestic violence lawyer in your area.
What is Domestic Violence?
A person has committed an act of domestic violence if he or she engages in assault, battery, stalking, kidnapping, false imprisonment, or another criminal offense if that action resulted in the physical injury or death of a family or household member. To qualify as a family or household member, a person must be:
- A spouse;
- A former spouse;
- Someone related by blood or marriage;
- Residing or previously residing together as a family; or
- The parent of a child in common.
Except for cases where the accused committed an act of domestic violence against a co-parent, the victim must also be currently residing with, or have resided with the accused in the past.
We Can Help You Request a Domestic Violence Injunction
Individuals who have reasonable cause to believe that they are in imminent danger of becoming the victim of domestic violence can ask the court to issue a domestic violence injunction, or restraining order. These orders are obtained through a family court, but like criminal no-contact orders, protect the petitioner from further assaults. When requesting an injunction, a person will need to file a petition with the court, explaining the nature of his or her fear and citing specific evidence to support the allegations. The petition will be reviewed immediately and a judge will decide whether or not to issue a temporary injunction. If granted, these orders can:
- Prohibit the respondent from coming into contact with the petitioner, either in person, through electronic communication, or via a third party;
- Bar a respondent from coming within 500 feet of the petitioner’s home or place of business;
- Require a respondent to vacate a shared residence;
- Require a respondent to pay child and spousal support;
- Order a respondent to comply with a visitation schedule; and
- Require the respondent to attend a batterers’ intervention program.
Although only effective for 15 days, these orders are legally binding and respondents who fail to abide by their terms could end up in jail. Once the two weeks are up, the court will hold a hearing, where it will hear testimony from both parties and any other witnesses before deciding whether to extend the injunction permanently.
Reach Out to Our Experienced Maitland Domestic Violence Lawyers
If you are in fear of becoming a victim of domestic violence and have already notified the authorities, there are further steps you can take to protect yourself. Call a dedicated Maitland domestic violence lawyer at Anderson & Ferrin today to learn more about your legal options. You can reach us at 407-412-7041 or via online message.
