Daytona Beach Injunctions Lawyer
Domestic violence is a violent confrontation between family or household members involving physical harm, sexual assault, or fear of physical harm. Family or household members can include spouses, former spouses, persons related by blood or marriage, persons who are parents of a common child, regardless of whether the parents have been married or are presently residing together.
In Florida, a Domestic Violence Injunction (Injunction for Protection Against Domestic Violence) is court order, issued in connection with a prior “domestic violence” petition, that restricts or prohibits family or household members from having contact with one another.
Under Section 741.30, Florida Statutes, any person who is either the victim of domestic violence or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence, has standing in the circuit court to file a sworn petition for an injunction for protection against domestic violence. A petition may also be filed by family or household members. If the Circuit Court grants the petition (or if the court issues a temporary injunction prior to the formal hearing on the injunction) then the respondent becomes subject to a domestic violence injunction (Injunction for Protection Against Domestic Violence).
Under this Statute 741.30, an injunction for protection against domestic violence (sometimes called an injunction or restraining order) is a court document that orders the abuser to stop doing certain acts (such as abusing you, contacting you or coming near you) and makes the abuser do other acts (such as leaving your home, and paying you temporary child support). It can also give you certain rights (such as temporary custody of your children). If you have an injunction, and the abuser violates it, the police may arrest him for the violation.
In Florida, when you file a petition for protection against domestic violence, the court automatically will consider giving you two types of injunctions: a temporary injunction and a final injunction for protection against domestic violence.
The temporary injunction is a court order designed to provide you and your family members with immediate protection from the abuser. As soon as you file your petition for protection against domestic violence, the clerk will give your petition to the judge. If the judge decides that there is an immediate and present danger of domestic violence, the judge will grant the temporary injunction. The temporary injunction stays in effect for a certain number of days, but won’t last longer than 15 days.
At the full hearing, the judge will decide whether to give you a final injunction. The final injunction will last longer than 15 days may provide you with more protections than the temporary injunction did. The final injunction may have a set period of time that it will be in effect or it may not have an expiration date. If there is no expiration date, either you or the abuser can file in court to modify or dissolve the injunction at any time and the judge will decide whether or not to grant the relief requested.
At Bundza & Rodriguez, P.A., our dedicated Daytona Beach family law attorneys have represented clients in many family law situations. Our goal is always to protect your rights, to strengthen and preserve family relationships and to resolve your case as amicably as possible in a way that protects your interests and the interests of your children.
Family law, domestic violence and injunction cases need to be handled not just by a knowledgeable and dedicated family law attorney who understands the Florida rules and regulations, but also by an attorney with the compassion and understanding to handle these sensitive matters. If you need a Daytona Beach injunction lawyer, contact our office today at 866-785-5470 today for a free initial legal consultation.