Orlando Lawyers - Divorce and Family Law

ORLANDO LAWYERS - CRIMINAL DEFENSE, DIVORCE, DUI & PERSONAL INJURY

INJUNCTION INFORMATION:
Any person who is either the victim of domestic violence or has
reasonable cause to believe he or she is in imminent danger of
becoming the victim of any act of domestic violence, can file a
petition for an injunction for protection against domestic violence.
If the Court feels there is an immediate danger based on what is
contained in the Petition, it will enter a temporary injunction.

The Judge's issuance of a temporary injunction is based only upon
the Court having heard one persons version of events, and the Court
will set a hearing where both the Petitioner and the Respondent will
have the opportunity to testify and be heard in regards to whether an
injunction is warranted in the case.

This page of our firm's website contains some general information about Injunctions in Florida.
For more specific information Call us today at (407) 648-5255 for a Free Case Review of your
individual situation.

Injunctions - In Domestic cases, an Injunction may involve issues regarding possession and
exclusive use of the home, child custody, visitation and support. Unfortunately, sometimes a party
may unjustly seek an injunction prior to or during a divorce in an attempt to gain an advantage over
the other party in regards to these issues.

In certain cases, the court can require the Respondent to participate in treatment, intervention,
and/or counseling services. An injunction may also require a person to surrender their firearms.

A person who willfully violates an injunction for protection against domestic violence issued
pursuant to Florida Statute 741.30 commits a misdemeanor of the first degree punishable by up to
1 year in the County Jail, in certain cases involving repeated repeatedly harassment or stalking
after the issuance of an injunction, the person may be found guilty of aggravated stalking which is
a third degree felony punishable by up to 5 years in State Prison.

In determining whether a petitioner has reasonable cause to believe he or she is in imminent
danger of becoming a victim of domestic violence, Florida Statute 741.30 states that the court shall
consider and evaluate all relevant factors alleged in the petition, including, but not limited to:

The history between the petitioner and the respondent, including threats, harassment, stalking,
and physical abuse.
Whether the respondent has attempted to harm the petitioner or family members or individuals
closely associated with the petitioner.
Whether the respondent has threatened to conceal, kidnap, or harm the petitioner's child or
children.
Whether the respondent has intentionally injured or killed a family pet.
Whether the respondent has used, or has threatened to use, against the petitioner any
weapons such as guns or knives.
Whether the respondent has physically restrained the petitioner from leaving the home or
calling law enforcement.
Whether the respondent has a criminal history involving violence or the threat of violence.
The existence of a verifiable order of protection issued previously or from another jurisdiction.
Whether the respondent has destroyed personal property, including, but not limited to,
telephones or other communications equipment, clothing, or other items belonging to the
petitioner.
Whether the respondent engaged in any other behavior or conduct that leads the petitioner to
have reasonable cause to believe that he or she is in imminent danger of becoming a victim of
domestic violence.

Other Types of Injunctions - If a person does not meet the criteria for a Domestic Violence
Injunction, they may need to seek protection through a Petition for Protection against Repeat
Violence, a Petition for Protection against Dating Violence, or a Petition for Protection against
Sexual Violence.

Note: Injunctions usually involve allegations of violence which may be prosecuted as criminal
acts. In some cases it may be in a parties best interest not to provide testimony which could later
be used against them in a criminal case.

For more information about any of these issues, Call us today at (407) 648-5255 to speak with an
Orlando Family Law attorney about your individual situation. We represent individuals with Divorce
and Family law issues in throughout the Orlando and Central Florida area.

Our Family Law Pages: Family Law Home Page> Child Custody> Child Support> D ivorce>
Injunctions> Paternity> Free Divorce Guide> FAQ Family Law & Divorce> Mandatory
Disclosure Rule>

The hiring of an attorney is an important decision which should not be based solely on advertisements. The information presented at this site is not legal
advice, and does not create an attorney-client relationship. This site is designed to provide only general information. The facts of your case are unique,
and you should consult an attorney for advice regarding your individual situation. We invite you to contact us to speak with an Orlando DUI Lawyer at your
earliest convenience to schedule a consultation.

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