Wesley Chapel Domestic Violence Injunction Lawyer
Domestic violence is a seemingly impossible nightmare to escape from, yet it is possible. As the most prevalent violent crime, domestic violence affects millions of women and men across the country. In fact, 12 million victims are either stalked, raped, or subjected to other forms of physical violence by an intimate partner every single year. Many, however, do escape the cycle of abuse by filing a domestic violence injunction against their abusive partner. Our Wesley Chapel domestic violence lawyers at The Law Office of Laurie R. Chane can help you file such an injunction, commonly referred to as restraining orders, to start the process of separating yourself from the dangerous person or toxic relationship you are in.
What is Considered Domestic Violence?
According to Florida Statute 741.28, domestic violence is defined as any of the following behaviors towards a spouse, former spouse, family member related by blood or marriage, people who are living or have lived together as a family, or two parties who share a child together:
- Assault;
- Aggravated assault;
- Battery;
- Aggravated battery:
- Sexual assault;
- Sexual battery;
- Stalking;
- Aggravated stalking;
- Kidnapping;
- False imprisonment; or
- Any criminal offense that causes physical injury or death of a person by a family or household member.
How Does a Domestic Violence Injunction Work?
There are five different types of protective injunctions in Florida. These specific injunctions are used for the following:
- Domestic Violence;
- Sexual Violence;
- Dating Violence;
- Repeat Violence; and
- More.
All of the protective injunctions work as such: the petitioner (the victim of abuse) files a petition in front of a notary or court clerk. At this point, a judge may order a temporary injunction before the hearing; the temporary injunction is typically served by a Sheriff or other law enforcement officer. The temporary injunction will be valid until both parties can attend the hearing. Next, a hearing date is set. Both parties can bring witnesses to the hearing. The judge may issue a final or permanent injunction after the hearing.
Penalties for The Abusive Party if They Violate the Injunction
Depending on the injunction and how the abusive partner violates the injunction (which is a first degree misdemeanor), they may be subjected to one or more of the following penalties:
- Up to one year in jail;
- Up to one year of probation; and/or
- Fines of up to $1,000.
Violations include:
- Refusing to surrender firearms and ammunition;
- Refusing to leave the shared residence;
- Contacting the petitioner in any way;
- Threatening the petitioner;
- Coming within 100 feet of the petitioner’s vehicle;
- Coming within 500 feet of the petitioner’s place of work, school, or home;
- Destroying or vandalizing the petitioner’s property; and
- More.
Contact a Wesley Chapel Domestic Violence Lawyer Today
If you are a victim of stalking, physical abuse, verbal abuse or threats, sexual assault, or any other form of domestic violence, it is up to you to take action. Call the domestic violence attorneys at The Law Office of Laurie R. Chane today at 352-567-0055 for help.
