Domestic Violence is a very serious issue that can affect anyone’s life – male or female, married or unmarried. While domestic violence is most often seen between spouses or those involved or having been involved in intimate relationships, it can also occur against a child, parent, grandparent, or other family member. A friend, neighbor or acquaintance can also be involved in a domestic violence case.
If you are the victim of an act of domestic violence or have a reasonable belief that you are in imminent danger of becoming a victim of domestic violence – seek help immediately. You may need to file a domestic violence injunction.
Family violence cases can necessitate the filing of a petition for a domestic violence injunction , or restraining order. A petition for a restraining order can be filed at any time, day or night, even on holidays. While it is not necessary that you be represented by an attorney when filing a petition for such an injunction (which is filed with the Clerk of Court), you have the right to have a lawyer assist you.
There are no filing fees necessary for applying for the different types of injunctions, whether it is for domestic violence, repeat violence, dating, or sexual violence. You will need a driver’s license or another form of identification and you will need to plead specific facts and circumstances upon which your request is being made. A judge will then determine whether “an immediate and present danger of domestic violence exists.”
If it does exist, the court will immediately enter a temporary (or ex parte) order of injunction and an evidentiary hearing will be scheduled within 15 days for entry of a permanent injunction. Some of the most common issues that arise from a domestic violence injunction include sharing a home, child custody , and visitation rights. A knowledgeable Orlando family law attorney can provide you with assistance about such matters and can appear on your behalf at any court hearings in your case.
A domestic violence injunction can be sought by anyone, regardless of whether they have lived together. Repeat violence injunctions are appropriate when there have been at least two violent incidents, one of which has occurred within the last six months. Dating and sexual violence injunctions have other specific criteria.
If you believe you are in need of a restraining order, believe that someone has violated a restraining order against you, have had a restraining order filed against you, or wish to appeal the denial of a restraining order, contact our highly experienced Orlando family law attorneys to learn your rights. Time is of the essence in such cases.
Whether you are a victim of domestic violence or have questions about domestic violence and how it may be impacting your family, please call us today. Our domestic violence lawyers have extensive experience in such cases and are available at any time to assist you in obtaining the confidential help and support you need. You can call our Orlando office at (407) 426-6999 or fill out our online from located on this page and we will contact you shortly.