DOMESTIC VIOLENCE

Domestic Violence Attorneys Jacksonville

Domestic Violence is a serious problem with dangers that cannot be overstated. Unfortunately, it is all too common and present in many divorce and paternity actions. Florida law allows a domestic partner or spouse to file for a protection order called an injunction if they have been either the victim of domestic violence, or if they have a reasonable fear that they are in imminent danger of becoming a victim of domestic violence.

Florida Domestic Violence Laws

What is domestic violence? Domestic violence is defined by Florida Statute Section 741.28(2), as “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.” As you can see, domestic violence comes in many forms and not just the classic case of domestic battery. Petitions for injunctions for protection against domestic violence can also be filed on behalf of minor children.

If the court enters an injunction order, the offending party will often be forced to vacate the home, turn in any firearms, and be prevented from going near the victim’s home, school, work. They will even prevented from contacting the victim at all, either personally or through a third party.

If you have been the victim of domestic violence, or have a fear that you are in danger of becoming a victim of domestic violence, contact the attorneys at Makofka & Makofka. We have assisted numerous individuals during their time of need and can assist you and your children as well. We have assisted people in domestic violence cases in Duval, St. Johns, Clay, Nassau, Baker, and other surrounding northeast Florida counties. Call us at (904)355-2700 and we will gladly speak to you about your situation.

Domestic Violence Injunctions

Over the years, we have handled scores of domestic violence case, both civil and criminal. In the family law context, these cases are usually the product of one or both parties filing for an Injunction for Protection Against Domestic Violence, under Chapter 741 of Florida Statutes. The main purpose of domestic violence injunctions are to keep one (or sometimes multiple) parties from harming the other.

Domestic Violence InjunctionsIn order to obtain a domestic violence injunction against another, one (called the Petitioner) must prepare a sworn, written petition for domestic violence injunction regarding past conduct of the other party (Respondent) and show that:

Petitioner is either a victim of domestic violence or has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence because respondent has:

Petitioner then describes the incidents of violence or threats of violence, specifying when and where they occurred, including, but not limited to, locations such as a home, school, place of employment, or visitation exchange, committed or threatened to commit domestic violence defined in s. 741.28, Florida Statutes, as 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.

With the exception of persons who are parents of a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.

Petitioner May and Should Also Allege If True, That Respondent has:

• Previously threatened, harassed, stalked, or physically abused the petitioner;
• Attempted to harm the petitioner or family members or individuals closely associated with the petitioner;
• Threatened to conceal, kidnap, or harm the petitioner’s child or children;
• Intentionally injured or killed a family pet;
• Used, or has threatened to use, against the petitioner any weapons such as guns or knives;
• Physically restrained the petitioner from leaving the home or calling law enforcement;
• A criminal history involving violence or the threat of violence (if known);
another order of protection issued against him or her previously or from another jurisdiction (if known);
• Destroyed personal property, including, but not limited to, telephones or other communication equipment, clothing, or other items belonging to the petitioner;
• Engaged in any other behavior or conduct that leads the petitioner to have reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence.

If upon reviewing the sworn allegations of the Petitioner, the court finds a sufficient basis to enter the injunction, the court may enter a temporary injunction in the case, without notice to the other side, for a fixed duration not to exceed 15 days, during which time a hearing must be conducted to determine whether the temporary injunction should be made permanent.

Get Answers to Domestic Violence Injunction Questions in Jacksonville

If you or someone you know has a question about an injunction, the experienced attorneys at Makofka and Makofka can answer your questions and help with representation in the injunction case. Injunctions are serious matters, and although no attorney is required at the hearing on an injunction, one is recommended.

Serious rights and obligations are implicated upon the filing for and receipt of an injunction. Call us today. We can Help!