Florida judges qualify a domestic violence injunction based on many factors and variables. Chief among these, for example, is if the accused abuser has threatened you with any kind of weapon or used physical restraint in preventing you from contacting authorities or leaving your home. While physical assault is serious and should immediately be dealt with, you do not have to exclusively suffer from any physical violence to succeed in having a domestic violence injunction against the accused. Different forms of domestic violence receive different charges, for instance, in the case of physical harm being threatened upon the victim, the accused would receive an assault charge, but in the event of physical contact, the accused would be charged with battery. If aggravating factors are established by the prosecutor, a charge such as aggravated assault or aggravated battery can be pursued, which results in a felony and carries more severe consequences for the accused. In order to successfully obtain a domestic violence injunction, the judge must believe you are in imminent threat of domestic violence. An injunction will provide the appropriate amount of protection to the petitioner against the respondent. This can include restraining the respondent from any physical violence, preventing the respondent from entering the petitioner’s residence, providing temporary support for minor children, order the respondent to participate in treatment, counseling, or intervention, and anything else the court deems necessary. Abuse can be sexual, emotional, physical, or economic, such as leaving you without any money for your needs, and all are eligible for a domestic violence injunction. There are various examples that would indicate domestic violence being used against a victim, such as physical harm, harming your pets, isolation from family or friends, threatening self-harm or suicide, stalking, verbal demoralization, extreme possessiveness or jealousy, demanding intimacy, and many more.
Domestic violence in Florida is when the petitioner (accuser) and respondent (accused) have a child in common or have lived together at some time in their relationship. Domestic violence can be committed against a spouse, ex-spouse, co-parent, a relative through blood or marriage, and anyone who currently cohabitates or has cohabitated in the same household in the past. Other restraining orders can be petitioned with report of dating violence, sexual violence and repeat violence, and the laws surrounding these petitions are specific as to how they are defined, including time limit or frequency of occurrence. In order to establish a dating relationship in the state of Florida, for instance, the two people involved must have participated in romantic, intimate, or sexual relationship. There are many rules and specificities surrounding domestic violence in the state of Florida. With her successful experience with domestic violence matters, Mellany Marquez-Kelly of Marquez-Kelly Family Law, is a clear and obvious choice when needing protection. She understands the sensitive nature involved in domestic violence cases, and she will guide you through the process step-by-step, making sure you know your rights and feel completely safe and protected along the way.