What is a Domestic Violence Injunction?
Domestic violence is defined as any assault or battery upon a household member. This can include assault, aggravated assault, battery, aggravated battery, false imprisonment, kidnapping, sexual assault, sexual battery, or stalking. When domestic violence occurs, the victim can petition the court for a domestic violence injunction colloquially referred to as a restraining order.
In this article, the Tampa, FL family lawyers at Westchase Law, P.A. will discuss domestic violence injunctions and when you might need one.
What is domestic assault or domestic battery?
Under Florida law, an assault is any situation in which an individual threatens a victim and the victim is in fear of imminent contact. In other words, you don’t have to touch or harm someone to be charged with assault. That’s the definition of battery. A battery occurs as the result of non-consensual contact with the victim. Hitting or punching are examples of battery. When these situations occur in the context of a household, they are considered to be domestic in nature. If assault or battery victimizes any member of the household, then it is considered domestic assault or battery.
Domestic violence is considered a crime under Florida statutes. While the penalty for such an assault or battery is considered a misdemeanor for a first-time offense, an individual convicted of domestic assault or battery will have the infraction show up on their criminal record. The conviction can never be sealed or expunged, so the crime will follow them for the rest of their lives.
A domestic violence injunction is a civil procedure that may not show up on a criminal background check and does not count as a crime.
How do I obtain a domestic violence injunction?
A victim of domestic violence can contact their local State Attorney’s office or a courthouse to find the paperwork to obtain a domestic violence injunction. By contrast, you can also have your attorney file a petition on your behalf.
An injunction is an order that prohibits an individual from doing something. In the case of a domestic violence injunction, the injunction works as a restraining order against the individual against whom the injunction is filed. An alleged victim of domestic violence would complete the paperwork necessary to file a petition with the court. A domestic violence judge would make any final decisions on whether or not the injunction makes enough allegations to warrant the issuing of a domestic violence injunction.
The court will often issue a date for a hearing approximately two weeks after granting a temporary injunction. During the hearing, the judge will decide whether or not to sustain a temporary injunction and enter a final order of injunction based on the evidence presented by the complainant.
Talk to a Tampa, FL Domestic Violence Injunction Attorney Today
If you have been the victim of domestic violence, the Tampa, FL attorneys at Westchase Law, P.A. can help you file a domestic violence injunction against your partner. Call our office today to schedule an appointment, and we can begin addressing your concerns immediately.