The state of Florida takes cases of domestic violence very seriously. This is true for the civil and criminal courts.
When it comes to family law, domestic abuse victims have the right to petition the court to have a legal document created that forbids the perpetrator of the domestic violence to remain away from the victim. For situations where you have been a domestic violence victim and want to use the options available to you in family court, our team at Griffin Family Law can help. We are here to ensure your rights are protected and that you get the protection needed to eliminate the possibility of additional domestic violence occurring.
What Is Considered Domestic Violence in Florida?
There are two basic elements of domestic violence in the state of Florida. There has to be some type of act or a threat, and the act has to be against someone the actor has a relationship with.
Even if they are not considered violent, some acts are still domestic violence. Some of the acts that are considered domestic violence in the state of Florida include:
- Sexual assault
- Aggravated battery
- Sexual battery
- Aggravated assault
- False imprisonment
Any other type of criminal offense that results in a physical injury or death is also considered domestic violence.
Potential Domestic Violence Targets in Neptune Beach Florida
For the act to be considered domestic violence in Florida, the victim must have some type of family-like relationship with the person who has caused the violence. For the state of Florida, these relationships are covered by the statute related to domestic violence:
- Anyone with a blood relation
- Individuals who have a child with one another (no matter if they were or ever have been married)
- Spouses and divorced spouses
- People who are living together as a family or who have done this in the past
Acquiring a Restraining Order for Cases of Domestic Violence
A restraining order is a type of legally binding document that requires one person to stay a set space away from the individual who requested the restraining order. Someone who has been a domestic violence victim or individuals who fear this situation may occur can ask the court to issue a restraining order. A restraining order will provide the victims of domestic violence cases assurance that the law is on their side and invested in their safety and well-being.
When you are in family court and pursuing a restraining order, it’s necessary to show the judge that some type of domestic violence has occurred or that it will probably occur. This is necessary to get the judge to provide you with a permanent restraining order against the person in question.
While this is true, a temporary restraining order can be given with no hearing and based on sworn pleadings from the party. Because of this, they are much easier to obtain. Keep in mind though, that a temporary restraining order will only last for 15 days before you will have to have them extended.
Contact Our Neptune Beach Domestic Violence Injunction Attorney
Do you believe that you need a restraining order? If so, be sure to contact our legal team at Griffin Family Law to discuss your situation. We can start the application process immediately to help you get the security and peace of mind you want and deserve. Our legal team has the ability and knowledge to handle any petition for a restraining order and to help you protect yourself from potentially dangerous situations.
We understand how scary and unpredictable domestic violence issues can be. Because of this, we are here to help. You don’t have to struggle with your situation alone. Our team is ready to fight for you and be by your side to help you get your petition pushed through the courts and protection from domestic violence. Contact us today to get started.