No one has the right to hurt you. Unfortunately there are many individuals, both men and women, who are living with Domestic Violence in Florida. Victims feel shame when they find themselves in a relationship that is harmful.
They feel alone, and many times struggle to find a way out of the situation that they are in. There are ways that these individuals can find assistance to protect themselves and their children. An Orlando Divorce Attorney can assist you, even if you are not legally married to your abuser, by helping you to file for a domestic violence injunction, commonly known as a restraining order. If you are legally married, this order can affect parenting plans, child custody and, ultimately, the divorce order.
What Situations Qualify for a Restraining Order? Being a victim does not only mean that you were physically hit or beaten. Florida law covers several abuse situations that qualify you for a restraining order. The following can also qualify: Physical abuse of any kind- kicking, hitting, slapping, biting, choking, hair pulling, etc; Sexual abuse; False imprisonment, kidnapping, and removal of the ability to seek help- such as hiding or removing phones, disabling phone and internet; Stalking a victim; Tresspassing; Repeated emotional or psychological abuse; or Threats or threatening behavior that put the recipient in fear for their safety.
How Do You Obtain a Domestic Violence Injunction? The courts look at domestic violence as an emergency situation. To begin the process, an individual claiming abuse will file a Petition for Protection Against Domestic Violence. This is a fairly straight forward process whereby the abused individual recieves an opportunity to outline the reasons they are in fear from the other party.
Before arriving, you want to be sure to gather as much evidence as you can to enter into your statement- including dates of incidents, witnesses to the abuse, and any police reports. One you have completed your statement, your case will be given immediate consideration. Your Orlando Divorce Attorney can help you to file your plea without your abuser being aware ahead of time. In many cases, a judge will sign off immediately, granting a temporary order. This temporary order will protect you until your court hearing.
The abuser is served with the order as soon as it is signed, and will be unable to have any contact with you going forth. A hearing will then be held, giving the abuser the right to challenge the order and tell their side of the story. After hearing the evidence, the court will grant a permanent order, or cancel the temporary order if they feel the evidence is insufficient. How Do Respond if I am Served with a Domestic Violence Restraining Order?
As with everything else, there are some situations when individuals seek restraining orders under false pretenses in an effort to gain some footing in a divorce or custody case. If you are served with an order, you need to immediately contact your Orlando Divorce Attorney to begin building your rebuttal to the accusations. At your court appearance, you will have to give testimony and provide evidence showing that your accuser has filed the injunction in bad faith.
The court will look at the evidence presented by both parties in order to make a decision. Contact Your Orlando Divorce Attorney If you are experiencing domestic violence, your first move should be to protect yourself and your children. Once you are safe, even temporarily, you should move to file for a protective order. If you have been falsly served with a protective order, you need to move to gather evidence to prove your innocence. In either situation, contact your Orlando Divorce Attorney to protect you and your family.