Orlando Domestic Violence Lawyer
Have you been threatened or served with a domestic violence injunction or restraining order? Being the victim of a situation in which there is violence, or the threat of violence, within your household can be very scary. While taking action to protect yourself can be intimidating, and may even make you more afraid for your wellbeing, you deserve to be safe. Equally frightening is being accused of domestic violence due to what you perceive as a misunderstanding, or even an outright false accusation designed to harm you. In either situation, having a strong, effective attorney on your side is essential to protecting your rights and personal safety.
At the Donna Hung Law Group, we have helped individuals and families understand their legal options when domestic violence is a threat. If you are a victim of domestic violence and are in need of a protective order, or if you have been accused of domestic violence in the midst of a divorce or other family law matter, please contact our Orlando domestic violence lawyers today for a consultation.
Filing a Petition for Protection from Domestic Violence
Filing a petition for protection from domestic violence can put legal regulations in place that help to preserve your safety, and the safety of others in your household who are at risk of abuse. Formally called a Petition for Injunction for Protection Against Domestic Violence, this type of petition may:
- Give you temporary custody of your children;
- Require the abusive party to go to counseling;
- Order the abusive party to stay away from your home and place of work; and
- Order the abusive party to refrain from contacting you.
Factors the Court Considers When Making a Determination
When determining how to act in response to your petition, the court must consider a number of factors (which you should include, in detail, in your petition). These factors include:
- The history and relationship that exists between you and the abusive party;
- Whether the abusive party has ever used or threatened to use weapons;
- Whether the abusive party has ever caused harm or death to a family pet;
- Whether any threat exists to any children in the home;
- Whether the abusive party has ever physically prevented you from calling the police or leaving the home; and
- Any other factors that are relevant to you and your petition that alleges that you are a victim of domestic violence.
You will need to present evidence for any claims that you make when possible.
Temporary Emergency Orders
If you are in immediate danger, a judge can order a temporary emergency order called an ex-parte order. This means that the judge has only considered your side of the story, but has not given the alleged abuser time to present their side of things. Anything that the judge orders – such as spousal support or awarding you custody of your children – through an ex parte order is temporary. At a later date, you and the abusive party will both be required to attend a hearing, at which point a judge will issue a final judgment.
What qualifies as domestic violence under Florida law?
In Florida, domestic violence includes any assault, battery, stalking, kidnapping, false imprisonment, or other criminal offense that results in physical injury or death to a family or household member. Family and household members include spouses, former spouses, people related by blood or marriage, people who live together as a family, and parents of a child in common. The law provides protection through restraining orders and criminal penalties for offenders.
How can I obtain a restraining order for domestic violence in Florida?
To obtain a restraining order, also known as an injunction for protection against domestic violence, you must file a petition in court detailing the abuse or threats you have experienced. If the judge believes there is immediate danger, they may issue a temporary order without a hearing. A final hearing is scheduled within 15 days, where both parties can present evidence before the judge determines whether to issue a long-term protective order.
What are the legal consequences of a domestic violence conviction in Florida?
A domestic violence conviction can lead to serious penalties, including jail time, probation, mandatory anger management courses, and loss of firearm rights. Additionally, a conviction can impact child custody and result in restrictions on contact with family members. If you are facing domestic violence charges, it is essential to have a strong legal defense to protect your rights and future.
Contact the Orlando Domestic Violence Lawyers at Donna Hung Law Group Today
Fearing your wellbeing, or the wellbeing of your children, is a very unsettling and terrifying experience. Whether you need an emergency order, or a permanent judgment concerning domestic violence, our law firm is here to advocate for you. Please do not wait to take action – contact the Donna Hung Law Group today for a consultation.
