Posts Tagged domestic violence

Are You A Victim Of Domestic Violence

Jan 22

Posted by The Relationship Guru in Divorce | No Comments

What Is Domestic Violence? Under the provisions of Florida Statute 741.28, domestic violence means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another who is or was residing in the same single dwelling unit. This includes acts such as:

Physical Abuse — Pushing, slapping, kicking, punching, choking, and beating.

Emotional/Verbal Abuse — Threats, verbal intimidation, following and stalking, or acting out in anger.

Sexual Abuse — Any unwanted touching or forcing of someone to engage in a sexual act against his/her will.

Are you a victime of domestic abuse? IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, or if you have reasonable cause to believe you are in imminent danger of becoming the victim of any act of domestic violence, you have the right to request that an INJUNCTION FOR PROTECTION FROM DOMESTIC VIOLENCE be issued. The Clerk of the Court is required to assist you in seeking both injunctions for protection against domestic violence and enforcement for a violation of an injunction. Representation by an attorney is not required of either party.

As stated in Florida Statute 741.29(1)(b): IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you may ask the State Attorney to file a criminal complaint. You also have the right to go to court and file a petition requesting an injunction for protection from domestic violence which may include, but need not be limited to: provisions which restrain the abuser from further acts of abuse; directing the abuser to leave your household; preventing the abuser from entering your residence, school, business, or place of employment; awarding you custody of your minor child or children; and directing the abuser to pay support to you and the minor children if the abuser has a legal obligation to do so.

For safety reasons, you may furnish your address to the court in a separate confidential filing when filing the petition for injunction. After you have completed the paperwork, the court may determine that danger of domestic violence exists. The court may order a temporary injunction, which is good for 15 days. Then a full hearing is held to consider your safety and the safety of your children.

The abuser must be served with the injunction before it becomes effective. The injunction will tell the abuser what the judge requires and when to return to court for a hearing. This hearing will be within 15 days unless the abuser can not be served.
It is important for you to attend the hearing so that you can make sure the judge understands exactly what help you need and why. If you do not attend, usually the judge will end the injunction. After the hearing, a final injunction may be granted. The final injunction is valid until dissolved or amended by the court.

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Find Out About What Judges Look For When Granting Domestic Violence Injunctions.

Jan 13

Posted by The Relationship Guru in Divorce | No Comments

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

? The history between the petition and the respondent, including threats, harassment, stalking and physical abuse;
? Whether the alleged abused has attempted to harm the alleged victim or family members or individuals closely associated with the alleged victim;
? Whether the alleged abuser has threatened to conceal, kidnap, or harm the petitioner?s child or children;
? Whether the alleged abuser has intentionally injured or killed a family pet;
? Whether the alleged abuser has used or has threatened to use, against the petitioner any weapons such as guns or knives;
? Whether the alleged abuser has physically restraining the alleged victim from leaving the home or calling law enforcement;
? Whether the alleged abuser has criminal history involving violence or the threat of violence;
? The existence of a verifiable order of protection issued previously or from another jurisdiction. Evidence of prior acts of domestic violence or abuse against other than the alleged victim has been impermissible use of bad character or prior acts of violence to prove propensity to commit instant violence and should be excluded.
? Whether the alleged abuser has destroyed personal property, including but not limited to telephones, or other communications equipment, clothing to other items belonging to the alleged victim and or;
? Whether the alleged victim engaged in any other behavior or conducts that leads the alleged victim to have a reasonable cause to believe that he or she is in imminent danger of becoming a victim of domestic violence.

The court is likely to hold return hearings on the entry of a permanent injunction for domestic violence in block hearings, setting many hearings in the same time period, and leaving a little time for a full evidentiary hearing. Should the case require more that 10 or 15 minutes, the children’s financial support should ask for an extension of time and continuance of the hearing until the court can give sufficient time for a presentation of the evidence.

The hearings are held in two parts, first the issue of whether the alleged victim meets the burden of entry of a permanent injunction for protection against domestic violence, and then, if the alleged victim meets the burden, the ancillary issues, including the parenting plan, and time-sharing schedule and children’s financial support or alimony are addressed.

If the alleged victim sought relief for herself/himself, as well a on behalf of the child, and there is a D.C.F. investigation, the portion of the return hearing on behalf of the alleged victim may be able to proceed without the conclusion of the investigation, but that portion of the return hearing on behalf of the child may need to be continued with an extension order entered until the conclusion of the investigation.

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