Domestic Violence and Injunctions
Domestic violence is a serious offense that carries significant consequences. Unfortunately, both the offender and the victim suffer those consequences. Fortunately, some protection exists for individuals that have fallen victim to domestic violence.
Domestic violence covers a broad spectrum of acts such as assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, as well as any other criminal offense that results in the physical injury or death of a family or household member by another family or household member. If you are a victim of domestic violence, contact an experienced criminal defense attorney to learn about your legal options.
One way a victim of domestic violence can seek protection is through the use of an injunction or restraining order. An injunction can help protect you against a family or household member that has previously committed an act of domestic violence against you or if you have reasonable cause to believe that you are in immediate danger of becoming the victim of a domestic violence act. An injunction or restraining order is a court document that orders a domestic violence offender to stop committing certain acts such as abuse. The injunction can also be used to entitle the victim to certain rights such as temporary custody of children.
In Florida, if you file a petition for protection against domestic violence, the court will automatically consider giving you either a temporary injunction or a final injunction. The temporary injunction usually lasts no more than 15 days, but is issued solely based on the information in your petition. A final injunction is given following a full hearing, but will last more than 15 days and can grant other protections as well depending on the circumstances. Contact an experienced criminal defense attorney to find out how to file and obtain an injunction against a domestic violence offender.
Although an injunction does not guarantee a victim’s safety, it can certainly help keep a victim safe. More importantly, if a domestic violence offender violates an injunction, the police have the authority to arrest the offender.
Domestic violence laws can be complex and can also vary between states. A criminal defense attorney can help answer all of your domestic violence related questions. Contact experienced Miami criminal defense attorney Julian Stroleny at Stroleny Law, P.A. to discuss your domestic violence case.