When you are involved in a domestic violence injunction Florida, call an Orlando domestic violence attorney immediately at 407-335-8113. As a Domestic Violence Attorney Orlando, the Jacobs Law Firm knows that domestic violence comes in many forms. Domestic Violence is among the most serious and potentially life-threatening issues facing many defenseless people. One can imagine that with Covid-19 (the Coronavirus) driving many people to stay inside of their homes, and with the prohibition on some of our basic movements, problems with domestic violence seem to be ramping up. If you have been victimized, you may always call law enforcement to file a report and for protection. When you also want to file a civil lawsuit asking the domestic relations court for an injunction for protection, call a Domestic Violence Attorney Orlando at 407-335-8113. We want to hear from you to see how we may help you get the relief you need when you need it the most.
As an Orlando domestic violence attorney, we are required to know Florida Statute 741.28 and its subsections and how it pertains to a domestic violence injunction Florida. This Florida domestic violence Statute defines domestic violence 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.” Each of these types of domestic violence has a specific definition and your domestic violence attorney Orlando should be able to assist you with filing under the proper cause of action. Some common examples of acts of domestic violence are punching, kicking, choking, breaking cell phones and household property, removing a child from a home, etc.
Domestic Violence Attorney Orlando
Be sure that you are eligible to file and receive an injunction for protection against domestic violence. As mentioned above, the word “family” plays a large part in this type of civil lawsuit. The Statute defines Family or household member as a spouse, former spouse, an individual related by biology (blood), means spouses, former spouses, people that have a child together, and there may be restrictions depending on whether the parties are currently living together. A civil action for domestic violence injunction Florida is under the umbrella of the domestic relations/family law circuit court.
An Orlando Domestic Violence Attorney can help you determine if filing an injunction is appropriate and provide specific instructions as to where and when to file. Time may be of the essence with these delicate matters. Hiring a Domestic Violence Attorney Orlando can make a big difference in the outcome of your case as all hearings are evidentiary hearings wherein testimony and other evidence may be admitted under oath. Call the Jacobs Law Firm today for help, 407-335-8113.
Domestic Violence Injunction Florida
Suppose you are the Petitioner that wants the court to grant a domestic violence injunction Florida against the Respondent, or you are the Respondent that must answer the domestic violence allegations raised against you to protect your rights. If you are the Petitioner, you have accused someone of stalking, dating violence, intimidation, assault, battery, or other forms of domestic violence. You want immediate protection from harm. As the Respondent, you have been accused of some form of domestic violence or abuse and want to defend yourself against having an injunction issued against you. If a domestic violence injunction in Florida is issued against you there could be future career and criminal consequences that ensue. Let the seriousness of a domestic violence accusation sink in and call a, Orlando domestic violence attorney right away to represent you at your domestic violence injunction hearing. Call us today at 407-335-8113.
Are ready to hear about the reality of the situation when there is a domestic violence injunction Florida about to be issued for or against you? As a Respondent, your first thoughts will likely be those of a rewind artist playing back the alleged incident in your mind for clarity and verification of your innocence or guilt. Once any panic has set in, you might ask yourself, “how did I get myself into this situation?” Life is MESSY. There is rarely any linearity, but there is plenty of zigzagging. Sometimes people find themselves in relationships that face hardships and struggles, or discussions that they should not have because the words spoken will likely lead to conflict. In those moments when hurtful words were spoken, adding a filter and an intellectual spin to those phrases and sentences was likely not factored into the equation. Both parties can be affected. Attorney Jonathan Jacobs is a domestic violence attorney Orlando.
Domestic Violence Injunction Hearing Florida
The Petitioner (the party that has alleged you, the Respondent, has committed a form of domestic violence or will imminently do so) has filed for an injunction against you to prevent you from committing further acts of domestic violence (abbreviated as DV). During a domestic violence injunction hearing Florida, a judge will hear the facts and evidence of the case brought by the Petitioner against you. Both parties should attend the hearing at the courthouse, a public forum, where the Petitioner will contend that he/she is in danger, and the Respondent will argue his/her innocence, and perhaps has filed his/her own petition for injunction against the original Petitioner (called dueling injunctions).
Remember that charges and accusations work both ways, with both genders as the petitioner(s). Men accuse women, and women accuse men. How will the Respondent answer these charges and protect him/herself to the best of their ability against them? What are the Petitioner’s concerns? Will he/she receive the protection they have asked the court for? These are the questions you may ask your Orlando domestic violence attorney, and those that the Judge assigned to your case will hear during the domestic violence injunction hearing Florida.
Hire an Orlando Domestic Violence Attorney
Deciding whether to hire an Orlando domestic violence attorney to enforce and protect your rights is not just a financial decision, it is a decision based on all of the circumstances you are facing. Once you have hired an attorney, together you will prepare for the subsequent proceedings by thoroughly reviewing your facts, police report, and any other evidence that could be brought against you. Before the injunction hearing there may be time for depositions, and of course discovery requests may be propounded. This can help determine the validity and strength of the accusations, and build a litigation strategy for the hearing, which is usually scheduled to occur within 15 days.
During the hearing, both sides will argue before the Judge about whether an injunction is warranted under the circumstances. Based on Florida statutory law, the Judge will ask the parties if there is a threat of imminent danger and if the domestic violence likely to recur. This is a fact-specific inquiry based on the strenght of t. Judges often view the proceeding in a totally different way than the contestants do. It is all about perspective based on the evidence presented and allowed in pending any evidentiary objections propounded by the attorneys or litigants themselves. Consider if you need to hire an Orlando Domestic Violence Attorney today.
Hire an Injunction Attorney to Help You Win Your Case
A domestic violence attorney can help you prepare evidence for the domestic violence injunction Florida hearing, as well as argue before the court on your behalf. An attorney can ask the probative questions of the other side that are necessary to bringing the facts to light. Essentially, if you hire an injunction attorney Tavares, may be significantly helpful to winning your case. Two laws that will allow you some insight into the Florida Statutes often argued in domestic violence proceedings are Florida Statute 741.28 and 741.30(1)(a). Florida Statute 741.28 defines domestic violence as assault, battery, kidnapping, false imprisonment, death, etc. Meanwhile, F.S. 741.30(1)(a) stresses that the Petitioner must prove that violence has occurred or that violence will imminently occur without the court’s timely intervention. As our Florida Law Blog explains, the Statute also offers the factors the court will consider in evaluating the legal strength of the Petitioner’s accusations. Attorney Jacobs is an Orlando domestic violence attorney, and a domestic violence attorney Orlando that litigates these cases at a domestic violence injunction hearing Florida.