Orlando Domestic Violence Attorney
Florida Family Lawyer Serving Clients with Injunctions/Domestic Violence Cases in the Greater Orlando Area
Under Florida law (Fla. Stat. § 741.28), domestic violence is defined as “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.”
The state of Florida takes domestic violence extremely seriously. An experienced Orlando domestic violence attorney can help with your case.
Eligibility for a Protective Order in Orlando
In order to be eligible to seek protection from domestic violence, the party seeking protection must be a family or household member of the alleged perpetrator, which may include any of the following:
- Former spouse;
- Person related by blood;
- Person related by marriage;
- Presently reside together in the same household as a family;
- Previously resided together in the same household as a family; and/or
- Have a child in common (regardless of marriage).
The Florida Statutes also allow a person to seek protection from domestic violence if that person has “reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence.”
Filing a Petition for Injunction for Protection Against Domestic Violence
To seek protection from domestic violence in Orlando, a person must file a Petition for Injunction for Protection Against Domestic Violence (Form 12.980(a)). By filing this form, the petitioner asks the court to issue a protective order.
There are different types of protective orders. Typically, a temporary injunction can get issued to provide protection for 15 days, and this type of emergency order is issued ex parte. That means that the court does not have to hear from the alleged perpetrator in order to issue the temporary injunction. In order to issue a final judgment of injunction—or a more permanent protective order—the court will need to schedule a hearing to hear from both parties.
Factors in a Domestic Violence Petition
In determining whether to issue a protective order, the court will look at numerous factors, including but not limited to:
- History of threats, harassment, stalking, and physical abuse between the parties;
- Whether respondent (alleged perpetrator) has ever attempted to harm the petitioner or any other family members;
- Whether the respondent has ever harmed a family pet;
- Whether the respondent has threatened to use weapons—including guns or knives—against the petitioner or the petitioner’s family members;
- Whether respondent has ever physically restrained the petitioner so that she or he could not leave the household or seek help from law enforcement;
- Whether the respondent has a criminal history that involve violent behavior or violent crime;
- Whether the respondent has ever destroyed personal property of the petitioner; and
- Whether respondent has ever behaved in such a way to lead petitioner to believe that there is imminent danger of domestic violence.
Contact a Domestic Violence Lawyer in Orlando
Do you need assistance with an injunction or domestic violence protective order? You should speak with anOrlando domestic violence attorney as soon as possible. Contact Greater Orlando Family Law for more information about how we can assist you.