Florida’s legal system is very quick to act with accusations of Orlando domestic violence. In fact, even just the fear of violence can be enough to cause the legal system to respond—actual physical contact does not have to occur. It is commonly believed that domestic violence only pertains to a husband abusing his wife.
On the contrary, domestic violence can occur between family members, people who are living together, or separated parents. According to the 2014 Florida Statues, 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.”
If you are the victim of domestic violence or are in immediate danger of becoming the victim, you may file a petition for a legal injunction, or restraining order. An injunction is a court order for the abuser to cease harmful behaviors and do other acts instead, such as leaving your home.
If the abuser violates an injunction, law enforcement may arrest them. A temporary injunction may be served, but it will expire after fifteen days. During the fifteen days, a hearing will occur and a judge will determine whether or not a final injunction will be granted. A final injunction will either have an expiration date or it may not, and only a judge can grant the request of the petitioner.
Severe legal consequences can result from domestic violence claims. Not only does a person receive fines and legal fees, but a person may also be removed from their home, placed in jail, or even in severe cases have their child custody revoked. Domestic violence claims are not to be taken lightly, and that is shown clearly in the consequences. Because of this, it is important to have strong evidence to support your claim.
Evidence may include, but is not limited to, photographs of injuries, police reports, and copies of medical records regarding injuries.