Domestic Violence/Injunctions
Florida requires Legal Support
Regardless of the relationship, being the recipient of unwanted physical contact or abusive threats is not tolerable and you have rights under Florida law to be protected. When instances of domestic violence take place, it is critical that not only the help of a Northeast Florida family law attorney is received but that local authorities are notified as well.
In instances such cases will require:
• Documentation
• Medical reports
• Photographic records
Overseeing Your Domestic Violence Case
Depending on the nature and extent of the violence the case will either be handled in a civil court or a criminal court. Criminal courts will handle instances involving assault and/or battery. Most cases that I handle, are dealt with via a civil court or a family law court but I am equipped in the criminal side of the law as well.
Protection from Further Abuse
My first concern is protecting our client from further abusive treatment. We want to ensure that the proper authorities have been called, all required reports filed and that an injunction for protection has been obtained. This is a legal order that calls for protection against domestic violence and abuse from a family or household member. This is also often called a restraining order and sometimes an order for protection. The word “injunction” means a court order for a person or entity to stop doing something and to refrain from doing that action in the future. If someone has been threatening, you or you have suffered from domestic violence then this court order will legally prohibit them from continuing such behavior. It greatly increases your level of protection and can prevent any direct contact if need be.
Under Florida Law the act of domestic violence is defined as any assault (a threat or attempt to do bodily harm), battery (an intentional and unlawful touching or striking) and this also covers:
• Sexual assault
• Sexual battery
• Kidnapping
• False imprisonment
• Stalking
Domestic violence applies to any criminal offense resulting in the physical injury or death of one family or household member by another household member.