Sarasota Domestic Violence & Restraining Order Attorneys
Domestic violence is a serious issue that carries significant physical, emotional, and psychological consequences, in addition to a wide range of legal repercussions for those who are convicted of domestic violence charges. Matters regarding domestic violence are generally considered to be between spouses, but this type of violence can occur against children and their custodians as well as other family members, partners, and friends. Tobaygo Law, a Sarasota family law firm, provides comprehensive legal counsel for victims of domestic violence as well as those accused of domestic violence. If you have suffered an act of domestic violence or if you have received an injunction for domestic violence, contact our firm today to schedule a prompt and thorough case evaluation with our Florida attorneys.
Advocates For Victims Of Domestic Violence
If you are the victim of abuse or you have been accused of domestic violence, take immediate action to ensure the protection of both your safety and rights. In Florida, domestic violence injunctions, or restraining orders, can have far-reaching consequences for both parties. Victims of domestic violence are often afraid to come forward for fear of greater retaliation, especially when minor children are involved. Schedule a consultation with a family law attorney to discuss the advantages and the limitations of filing for and ultimately receiving a domestic violence injunction.
What Is Domestic Violence?
According to 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 family or household member.” Florida courts typically regard domestic battery in a more serious manner than a battery that occurs between strangers. Types of domestic violence include the following.
- Assault & Battery
- Emotional Abuse
- False Imprisonment
- Any Act Resulting In Injury Or Death
- Psychological Abuse
- Sexual Assault
What Is An Injunction For Protection?
An injunction, or a restraining order, is a court order which prohibits the contact of one person to another. An injunction for protection against domestic violence is a court order prohibiting the abusing spouse, partner or another individual from taking certain actions against the victim spouse, partner or another individual. Should the abusing spouse violate the terms of the injunction, Florida courts have the power to enforce the order and impose legal repercussions to the violating individual, such as criminal charges and removal of child custody determinations.
What Is A Temporary Injunction For Protection?
When someone files for a restraining order or a domestic violence injunction in the State of Florida, the court will often issue an injunction on a temporary basis. This injunction has the same authority as a permanent injunction, so it is extremely important that individuals who receive an injunction comply with all of the terms outlined by the courts. A temporary injunction is just one of four types of restraining orders in Florida. Contact our Sarasota family lawyers for more information about injunctions against any form of violence.
In order to file a petition for an injunction against domestic violence, the filing party must be either a current or former cohabitating individual or family member with the individual accused of the crime. The definition of a family member extends to a wide variety of individuals, including spouses; former spouses; intimate partners; parents; grandparents; custodians; adopted children; and any other individuals who live or have lived together within the same residence.
Victims of sexual violence may file an injunction for protection against sexual violence after notifying law enforcement of the act and cooperating with the requirements of law enforcement. Petitions for sexual violence may also be filed in cases in which the sexual violence perpetrators have been sentenced to prison time and his or her term of imprisonment is either complete or the term will become complete within 90 days of the filing the petition.
Injunctions regarding dating violence require that the involved parties maintained a dating relationship which contained the expectation of affection and/or sexual activity within the past six months. In order to file an injunction for protection against dating violence, the individual who seeks the petition must either be a victim of dating violence or he or she must have reasonable and substantial cause to believe that the violence is imminent.
In order to file an injunction for protection against repeat violence requires that the perpetrating party commit a minimum of two violent and/or threatening incidents against the victim or an immediate family member. In addition, at least one of the violent acts must have occurred within six months of filing for a petition for protection against repeat violence. For more information about repeat violence injunctions, contact our Sarasota family lawyers today.
Are Restraining Orders Different From Injunctions?
No. A domestic violence injunction is synonymous with a restraining order. The purpose of both terms is identical — to prevent the contact and/or physical distance of an individual who commits violent and/or threatening acts from the victim as well as his or her home, vehicle, and living space. If you fear for your safety or the safety of your children, contact our firm for prompt assistance. We can assist you with gathering all of the documents required to file for a restraining order and help you prepare and file the petition.
Relief For Victims Of Domestic Violence
Florida law provides some critical relief for victims of domestic violence. An injunction against a threatening party may: prohibit an abuser from making further contact in person, by phone, by email or by other means of communication with the protected party; grant exclusive use and possession of the home to the protected party; establish a temporary short-term custody or time-sharing (visitation) order; establish a temporary support order for minor children or the protected party; order an abuser to obtain necessary treatment or counseling; and order such other relief as the court deems necessary.
Is A Defense Attorney Required For Charges Of Domestic Violence?
If you have been accused of domestic violence, it is critical that you seek the assistance of highly qualified legal counsel immediately. If a court finds that you have committed an act of domestic violence, the legal consequences will significantly impact your rights. In addition to the restrictive terms of the protective order, which can interfere with your daily life at work and at home, the court's finding of domestic violence will likely play a major role in a divorce, including your custody and time-sharing rights. Our attorneys will closely examine the facts of your case and ensure the protection of your rights.