Domestic Violence Lawyer in Fort Myers

Domestic Violence and Injunction Attorney

in Fort Myers FL

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:

  1. The violent history between the petitioner and the respondent;
  2. Instances, where there was an, attempted to harm against the petitioner or family members or individuals closely associated with the petitioner;
  3. Records to show that the respondent has previously threatened to conceal, kidnap, or harm the petitioner’s children.
  4. Records that the respondent has intentionally killed or injured a family pet.
  5. Records that show an actual threat to use deadly weapons against the petitioner;
  6. Proof that responded has already restrained the petitioner physically to hinder the former from leaving the home;
  7. Whether or not the respondent has already incurred a previous criminal act involving violence or the threat of violence;
  8. The existence of a verifiable order of protection that was issued previously or from another jurisdiction.
  9. Whether or not the respondent has destroyed personal property of the petitioner;
  10. Basis whether the respondent has already engaged in any other conduct that leads the petitioner to have reasonable cause to believe that he is in imminent danger of becoming a victim.

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 a domestic violence felony. Details of which are as follow:

  • Domestic violence victim is exclusive only to the family and/or household members;
  • An existed relationship within 6 months is mandatory for consideration;
  • In sexual violence and stalking, the relationship of the victim and the offer is irrelevant.

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 to pursue 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.

Get in touch with us!

Association of Family Law Practitioners in Lee County
University of Central Florida
Florida Agricultural and Mechanical University
United States District Court Middle District of Florida

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