Domestic Violence Lawyer in Orlando, FL
If you or a loved one in your household is a victim of domestic violence, please call 911. Do not try to rationalize or allow domestic violence to happen in your home. Apart from calling 911, you can also file an injunction for domestic violence or repeat violence if there is more than one incident. The court will only allow incidents which have happened within six months.
Under the Florida Statutes, “domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member. One can seek an injunction with the help of a domestic violence lawyer in Orlando, FL. You can explore this if you can prove that there has been domestic violence as defined above and/or that it is more likely than not that you will be a victim of future harm if an injunction is not granted, that your fear is reasonable, and you are most likely in peril of immediate harm. The process is fundamentally simple but often will require an experienced domestic or family law attorney in Orlando, FL.
Initially, a petition is filed. The judge on duty will review the petition and determine if a temporary injunction needs to be entered. If the judge grants a temporary injunction, he or she will also set a hearing 30 days out to have a hearing with both parties and their attorneys, if applicable. If, after the hearing, the judge finds good cause to enter a permanent injunction, the person to which the injunction is entered against will be prohibited to do certain things. For example, the injunction can prohibit no direct contact, not to be nearer than 500 feet of the other’s residence or employment, etc. Also, the judge may order anger management, alcohol abuse programs, mental evaluation, or other court-sponsored programs.
Also, the judge will most likely prohibit the possession of firearms. If a person violates an injunction, there can be both criminal and civil penalties.
Injunctions usually last one year; only the Court may take away an injunction. A judge may also award such things as temporary child support, exclusive possession of a home and other remedies as needed under the circumstances. An injunction can be extended if a motion is filed. If you need a lawyer and you have been a victim of domestic violence, or you have wrongfully been accused of domestic violence and need an attorney, call Attorney Jonathan Torres.
Contact us to schedule a consultation with our domestic violence or child custody lawyer in Orlando, FL. We offer services to clients throughout Central Florida.