No one should be abused by a spouse or domestic partner. However, not every person accused of committing an act of domestic violence is guilty. Emotions often run high when a couple is experiencing discord, especially during a divorce or child custody dispute. Spitefulness, vindictiveness, and attempts to manipulate the system may further escalate and complicate a situation, putting officers in a position in which an arrest may be made, even if a conviction is unlikely. Whether or not you are facing criminal charges like assault, battery, and stalking, you should consult a domestic violence attorney if you may be facing an injunction for protection against domestic violence by an alleged victim. Experienced Tampa injunction lawyer Will Hanlon at Hanlon Law understands the nuances of these situations. While an injunction is a civil rather than criminal proceeding, it still may have significant consequences for your life.
The State of Florida allows a victim of domestic violence – or anyone with reasonable cause to believe that they are in immediate danger of becoming a victim of an act of domestic violence – to apply for an injunction. An alleged victim seeking an injunction does not need to prove that they have actually been physically assaulted or threatened. Instead, a judge deciding whether to issue a domestic violence injunction will likely consider factors such as whether there was similar behavior in the previous history between the alleged victim and the person against whom the injunction is sought, whether an attempt has been made to harm the alleged victim, whether a threat has been made toward the alleged victim’s child, whether the person against whom the injunction is sought has a criminal history of violence, and whether the victim’s personal property has been destroyed by the person against whom the injunction is sought. An injunction attorney in Tampa can help you understand how each of these factors may apply to your case.Temporary and Permanent Domestic Violence Injunctions
If the judge decides that there is an immediate and present danger of domestic violence, they will enter a temporary, ex parte injunction. Ex parte simply means that the judge only considers the interests of the person seeking the injunction, rather than the person against whom relief is sought. The temporary injunction becomes effective when it is served on the alleged abuser and remains in effect for the time set forth in the court order, which is not to exceed 15 days in most cases. Depending on the judge’s order in a particular case, a temporary injunction may direct the alleged abuser to stay away from the alleged victim’s residence and workplace (even if the alleged abuser resides in the same household), determine temporary custody of the parties’ children, award temporary child support, and order the alleged abuser to attend counseling or other treatment at their expense.
Before a temporary, ex parte injunction may become a final injunction, however, there must be a hearing at which the alleged abuser may present their side of the case. An attorney experienced in domestic violence injunctions can help a person against whom the permanent injunction is sought point out weaknesses or inconsistencies in the evidence presented by the alleged victim in their effort to have the judge make the temporary injunction permanent in nature, as well as present contrary evidence on behalf of the person against whom the order is sought. Since a permanent injunction may have far-ranging consequences for the alleged abuser’s right to see their child and even enter their own home, it is very important that they contact an attorney to advocate for their legal rights as soon as possible after learning of the existence of (or even the possibility of) a temporary order.Assert Your Rights with the Assistance of an Injunction Lawyer in the Tampa Area
Things may get out of hand quickly in a domestic situation, but this does not always mean that one party is in serious danger from the other. A domestic violence injunction often makes permanent changes in not only a marriage or partnership but also in the alleged abuser’s relationship with their children. It is thus critically important that a person against whom a domestic violence injunction is sought be represented assertively during the legal process. Tampa injunction attorney Will Hanlon has two decades of experience in the Florida court system, and he can help with your domestic violence injunction case. For an appointment, call us today at 813-228-7095 or contact us online. We also assist Tampa Bay residents who need a sex crime lawyer or assistance in fighting charges of drug crimes, theft crimes, or other offenses.