The Distinct Signs of Domestic Violence in Fort Myers, Florida
Domestic violence is the infliction of harm normally to a woman in a household by another member of the same…
Domestic violence is considered a felony in Florida, provided, it involves a criminal act to cause fear, pain, and physical injury to another person.
As a felony, domestic violence encompasses a wide scope of criminal acts as provided for the Florida Statues § 741.28(2):
“Domestic violence includes: any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, (including cyber-stalking) aggravated stalking, kidnapping, false imprisonment, or any other criminal offense resulting in physical injury or death of one family or household member by another family or household member. “
Meaning, domestic violence is not only limited to actual personal injury but it likewise covers the infliction of fear or is in imminent danger of becoming a victim of domestic violence.
As part of the remedial action, the complainant may file a petition for injunction for protection against domestic violence. On the basis of Florida Statutes § 741.30(6)(b, the process of determining whether or not the complainant has “reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence,” the following relevant factors in the alleged petition should be considered:
Right after the commission of the felony, the victim may file a domestic violence case against the defendant. At the same time, the complainant may file a petition for injunction for protection against domestic violence to ensure her safety.
As the petitioner completes and files the petition, the judge with the jurisdiction upon the case and the parties shall review the petition together with the support documents. The Judge will thereafter issue a relevant order in the interest of the petitioner (ex parte), may it be an approval or denial of the petition without prejudice to the hearing of the case.
Be it noted that the above-cited grounds are not absolute. They should be accompanied by additional elements to be considered as domestic violence felony. Details of which are as follow:
The case involving domestic violence is somewhat hard and complex due to the reason that the felony is most frequently committed by our family members. Thus, fear and other consideration such as family pressure have already been the issue not pursuing the case.
To ensure your utmost safety and protection, a professional and experienced lawyer is strongly recommended to be consulted to protect your rights and reputation. Marquez-Kelly Family Law Attorney has the professionalism and advantage to help you defend your rights.
To learn more details, you may visit our official website at https://www.marquezkellylaw.com or you may call telephone number 239-214-0403. You may even email us at https://www.marquezkellylaw.com/contact-us/ for an efficient response.
Our service centers are regularly open to serve you better at the areas in Fort Myers and Cape Coral, Florida.
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Domestic violence is the infliction of harm normally to a woman in a household by another member of the same…