Often, there are intense emotions within a marriage or romantic relationship, and in some relationships, a partner or spouse tries to physically harm or abuse the other. If someone is being abused by a spouse or dating partner, it may be possible to obtain an injunction in Florida. These injunctions are serious, and they can have lifelong consequences for the restrained party, perhaps particularly in the context of a divorce involving domestic violence. A court has the power to enforce an injunction if an ex-spouse violates the injunction. Violating a protective injunction can give rise to criminal charges and affect child custody determinations, making it important for people who are being restrained, as well as people seeking injunctions, to retain an experienced Volusia County injunction lawyer. At the Law Office of Genine Ann Mejia, we have both family law and criminal defense experience, and we are familiar with the nuances of seeking and fighting injunctions. We also help clients defend against risk protection orders, protecting their firearms rights.Types of Injunctions
A specific type of injunction can be sought for domestic violence. However, there are also other types of Florida injunctions that may be applicable if domestic violence is not involved. These are the main types of injunctions:
- Domestic violence injunctions
- Repeat violence injunctions
- Sexual violence injunctions
- Dating violence injunctions
- Stalking injunctions
The repeat violence injunction is available if there have been two or more incidents of stalking or violence, one of which happened within six months of filing the petition. There does not need to be a domestic relationship between the perpetrator and the victim to get a repeat violence injunction. A sexual violence injunction can be obtained if criminal sexual conduct has occurred, regardless of whether a prosecutor reduces or dismisses the charges. Dating violence injunctions are there to protect people who have faced violence in a continuing and significant relationship of an intimate or romantic nature. There are also stalking injunctions to guard against cyberstalking, physical stalking, and harassment. An injunction attorney can advise Volusia County residents about which types of injunctions may apply to their circumstances.The Process for Domestic Violence Injunctions
Under Florida Statute 741.30(1)(a), a household or family member who is a victim of domestic violence or has reasonable cause to believe that they are in imminent danger of becoming a domestic violence victim can petition for an injunction against domestic violence. The victim and the perpetrator need to have a household or family relationship. This includes people who are or were spouses and also people who are blood or marriage relatives, as well as people living together in a single-dwelling unit as if they were a family or people who have a child together. A petition for an injunction for protection against domestic violence requires the person asking for the injunction to describe the relationship that constitutes a family or household relationship.
Additionally, the petition will need to explain that you have reasonable cause to believe that you are about to become a victim of domestic violence or that you have already been victimized by domestic violence. A Volusia County injunction attorney can help show that reasonable cause exists, or question whether it exists. Domestic violence includes aggravated battery, aggravated assault, battery, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or another crime that causes death or physical injury to a household or family member and is triggered by another household or family member. It can involve attempts to injure the petitioner, family members of the petitioner, or people closely associated with the petitioner like work associates and close friends. It can involve the use of weapons like guns, and it can even involve injuring the petitioner’s pet. Reasonable cause to believe that you are about to become a victim of domestic violence can include a history of violence and threats.Risk Protection Orders and Firearms Rights
In 2018, Florida Governor Rick Scott signed a new gun control law that created risk protection orders. If a judge finds that a person poses a significant danger by owning a firearm, they can remove that person’s firearms from them for up to 14 days upon a petition by a law enforcement agency. After a hearing, their firearms can be removed for up to a year, and the person will be prohibited from purchasing new firearms during that period. The future of this law remains uncertain, since it may face constitutional challenges, but it remains in effect for now, and you should promptly consult an attorney if you are facing this type of order.Consult an Experienced Criminal and Family Law Attorney
It can be helpful to retain an attorney whether you receive papers indicating that someone else wants an injunction against you or you need to obtain an injunction against someone else. It is important to select an experienced injunction lawyer in Volusia County who understands how to develop a strong strategy in connection with your situation, can help you achieve your objectives, and can explain both the criminal and family law implications of your options. At the Law Office of Genine Ann Mejia, our principal is a caring, experienced attorney with both criminal defense and family law experience. We also represent clients in Flagler County. Call us at (386) 463-0849 or complete our online form.