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If you believe you have been a victim of domestic violence, or may be in danger of of becoming a victim of domestic violence, contact the police immediately. You should then petition the Court for a restraining order that will protect you and your children from further threat of harm.
The court may issue an immediate temporary restraining order if you or a family member feels that you are in immediate danger from a member of your household. This may not require any participation from the offender, and can act as short-term relief while deciding the best course of action. This order may, however, be contested by the offender, if he or she wishes for the matter to be investigated more thoroughly.
During the order’s timespan, it gives the petitioner use of any mutual living spaces, prohibiting any contact between the parties and may impose limitations upon the offending party’s contact with the children. The abuser also may not come within 500 feet of the petitioner’s household or place of employment, or 100 feet of their vehicle. A violation of the order is a first-degree misdemeanor, and can result in any combination of a year of jail time, a year of probation and a $1,000 fine.
If you or your family feels threatened, the best course of action is to contact West Palm Beach family attorney Steve Winig to examine your dilemma and point you in the right direction.
What is domestic violence?
Pursuant to Florida Statute §741.28, 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.
Injunction for Protection against Domestic Violence:
According to Florida Statutes, the Court may enter an injunction for protection against domestic violence if the petitioner is either a victim of domestic violence as described above or has reasonable cause to believe that he or she is in imminent danger of becoming the victim of any act of domestic violence.
Factors used to Determine Reasonable Cause:
The Court considers several factors in determining whether the petitioning party has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence, including whether the 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; or
- 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.”
Personal Injury Attorney Stephen L. Winig, Esq. is a member of the Palm Beach County Bar Association, and is licensed to practice before all
Florida State Courts, as well as the United States District Courts for Southern and Middle Florida.
Winig Law routinely handles cases throughout Palm Beach County including West Palm Beach, Boca Raton, Boynton Beach, Delray Beach, Wellington,
Jupiter, Palm Beach Gardens, Greenacres, Lake Worth, Royal Palm Beach and surrounding areas.
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The Winig Law Firm, P.A.
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