DOMESTIC VIOLENCE

What Is Domestic Violence? Under the provisions of Florida Statute 741.28, domestic violence means 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 who is or was residing in the same single dwelling unit. This includes acts such as:

Physical Abuse -- Pushing, slapping, kicking, punching, choking, and beating.
Emotional/Verbal Abuse -- Threats, verbal intimidation, following and stalking, or acting out in anger.
Sexual Abuse -- Any unwanted touching or forcing of someone to engage in a sexual act against his/her will.

Are You A Victim Of Domestic Violence? IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, or if you have reasonable cause to believe you are in imminent danger of becoming the victim of any act of domestic violence, you have the right to request that an INJUNCTION FOR PROTECTION FROM DOMESTIC VIOLENCE be issued. The Clerk of the Court is required to assist you in seeking both injunctions for protection against domestic violence and enforcement for a violation of an injunction. Representation by an attorney is not required of either party. 

Any time you have an immediate, reasonable fear of injury, bodily harm or death for yourself or a family member, you should call 911.  

As stated in Florida Statute 741.29(1)(b): IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you may ask the State Attorney to file a criminal complaint. You also have the right to go to court and file a petition requesting an injunction for protection from domestic violence which may include, but need not be limited to: provisions which restrain the abuser from further acts of abuse; directing the abuser to leave your household; preventing the abuser from entering your residence, school, business, or place of employment; awarding you custody of your minor child or children; and directing the abuser to pay support to you and the minor children if the abuser has a legal obligation to do so.

For safety reasons, you may furnish your address to the court in a separate confidential filing when filing the petition for injunction. After you have completed the paperwork, the court may determine that danger of domestic violence exists. The court may order a temporary injunction, which is good for 15 days. Then a full hearing is held to consider your safety and the safety of your children.

The abuser must be served with the injunction before it becomes effective. The injunction will tell the abuser what the judge requires and when to return to court for a hearing. This hearing will be within 15 days unless the abuser cannot be served.  You will receive a copy of the injunction in a sealed packet.  Keep this with you at all times in case the abuser tries to come around.  If he/she does, you can call the police, who will then serve him with the packet. 

It is important for you to attend the hearing so that you can make sure the judge understands exactly what help you need and why. Sometimes a judge can order counseling, anger management classes, and more, to help the family.  If you do not attend the hearing, usually the judge will dismiss the injunction. After the hearing, a final injunction for protection against domestic violence may be granted. The final injunction may be for a specific time period, or may be valid until dissolved or amended by the court.

What Do I Do If The Abuser Violates The Injunction? You will receive a copy of the injunction. Keep it with you at all times. If the abuser violates the conditions of an injunction, call the police right away. The abuser may be arrested. If the abuser is arrested, he/she will be held until the court determines bail. 

IF THE INJUNCTION HAS BEEN VIOLATED, BUT NO ARREST HAS BEEN MADE, report the violation to the Clerk's Office where you filed your injunction papers. The Clerk's Office will help you file your petition for enforcement for the violation. The judge will determine what action should be taken for your safety and the safety of your children. IF YOU HAVE AN OUT OF STATE COURT ORDER FOR PROTECTION AGAINST DOMESTIC VIOLENCE, federal and state law provide that law enforcement recognize and act on the order as if issued by a Florida court. This includes orders issued by courts from the District of Columbia, Indian tribes, commonwealth territory, or possessions of the United States.

It is a crime in Florida to file false domestic violence charges.  In the event you are found to have filed false domestic violence charges, it may affect your ability to have timesharing with your children.  You may also have criminal charges filed against you by the State Attorney’s Office for filing a false domestic violence case.  This is a serious offense, so be sure that you only file charges for legitimate domestic violence, not as a means to gain an advantage in a divorce or custody proceedings.

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Laing & Weicholz, P.L. is located in Boca Raton, Palm Beach County, Florida.  We serve all of South Florida, including Broward, Dade and Palm Beach Counties and provide family law legal representation for: divorce, relocation, child support, child custody, visitation, time sharing, child abuse, domestic violence, procuring and defending restraining orders, paternity suits, ante-nuptial agreements and post-nuptial agreements.

Call (561) 416-1818 to schedule a free consultation today.