Domestic Violence
Respondent For A Florida Domestic Violence Injunction For Protection
Request
The victim of any act of domestic violence or who has reasonable cause to believe that they are in imminent danger of becoming a victim of domestic violence you can ask the court for a protective order prohibiting domestic violence. Because you are the person against whom the request to the court is being made you are called the respondent. The person requesting the court provide for protection you from is called the petitioner.
Requirements
The court may only give a petitioner a domestic violence injunction for protection if the respondent is a spouse, former spouse, related to the petitioner by blood or marriage, living with the petitioner now as a family or has lived with the petitioner in the past as a family, or the other parent of the petitioner’s child or children whether or not the petitioner and respondent have ever been married or ever lived together. With the exception of persons who have a child or children in common, the family or household members must be currently residing together or have resided together in the same single dwelling unit.
Domestic Violence
Domestic violence includes: assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any other criminal offense resulting in physical injury or death to the person requesting the injunction by any of the family household members of the person requesting the injunction.
Reasonable Cause
To determine whether the petitioner has reasonable cause to believe they are in imminent danger of becoming a victim of domestic violence, the court must consider all relevant factors alleged in the request for an injunction. Unfortunately, the respondent does not get to respond to these allegations by the petitioner unless a hearing for permanent injunction is set.
Other Types Of Injunctions For Protection
There are other different types of injunctions for protection in Florida. These are: Injunction For Protection Against Dating Violence; Injunction For Protection Against Stalking; Injunction For Protection against Repeat Violence; Injunction For Protection Against Sexual Violence. If you do not qualify for a domestic violence injunction for protection you may qualify for one of these injunctions for protection.
Each different type of injunction for protection has specific legal requirements that have to be met by the petitioner. The specific legal requirements are important because if they are not met the judge should deny the request for the injunction for protection. This is one of many reasons why it is important to discuss what if any injunction for protection is available to the petitioner with a lawyer experienced in representing respondents against for injunctions for protection.
The Lawyer
Call 407-740-8300 for a free consultation with a lawyer with 20+ year experience defending individuals against domestic violence injunctions for protection.
For More Information About Florida Domestic Violence Injunctions For Protection Click Below:
Florida Injunctions For Protection
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Petitioner For A Florida Domestic Violence Injunction For Protection
Request
If you are the victim of any act of domestic violence or have reasonable cause to believe that you are in imminent danger of becoming a victim of domestic violence you can ask the court for a protective order prohibiting domestic violence. Because you are the person making the request to the court you are called the petitioner. The person whom you are asking the court to protect you from is called the respondent.
Requirements
The court may only give a petitioner a domestic violence injunction for protection if the respondent is your spouse, former spouse, related to you by blood or marriage, living with you now as a family or has lived with you in the past as a family, or the other parent of your child or children whether or not you have ever been married or ever lived together. With the exception of persons who have a child or children in common, the family or household members must be currently residing together or have resided together in the same single dwelling unit.
Domestic Violence
Domestic violence includes: assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any other criminal offense resulting in physical injury or death to the person requesting the injunction by any of the family household members of the person requesting the injunction.
Reasonable Cause
To determine whether the petitioner has reasonable cause to believe they are in imminent danger of becoming a victim of domestic violence, the court must consider all relevant factors alleged in the request for an injunction.
Other Types Of Injunctions For Protection
There are other different types of injunctions for protection in Florida. These are: Injunction For Protection Against Dating Violence; Injunction For Protection Against Stalking; Injunction For Protection against Repeat Violence; Injunction For Protection Against Sexual Violence. If you do not qualify for a domestic violence injunction for protection you may qualify for one of these injunctions for protection.
Each different type of injunction for protection has specific legal requirements that have to be met by the petitioner. The specific legal requirements are important because if they are not met the judge should deny the request for the injunction for protection. This is one of many reasons why it is important to discuss what if any injunction for protection are available to the petitioner with a lawyer experienced in representing petitioners for injunctions for protection.
The Lawyer
Call 407-740-8300 for a free consultation with a lawyer with 20+ year experience representing individuals seeking injunctions for protection.
For More Information About Florida Domestic Violence Injunctions For Protection Click Below:
Florida Domestic Violence Injunctions For Protection For The Accused
Request
The victim of any act of domestic violence or person who has reasonable cause to believe that they are in imminent danger of becoming a victim of domestic violence can ask the court for a protective order prohibiting domestic violence.
Requirements
The court may only give a person a domestic violence injunction for protection if the person against whom it is being requested, the accused, is a spouse, former spouse, related by blood or marriage, living now as a family with person requesting the injunction, the alleged victim, or has lived with the alleged victim in the past as a family, or the other parent of a child or children whether or not you have ever been married or ever lived together. With the exception of persons who have a child or children in common, the family or household members must be currently residing together or have resided together in the same single dwelling unit.
Domestic Violence
Domestic violence includes: assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any other criminal offense resulting in physical injury or death to the person requesting the injunction by any of the family household members of the person requesting the injunction.
Reasonable Cause
To determine whether the person requesting the injunction has reasonable cause to believe they are in imminent danger of becoming a victim of domestic violence, the court must consider all relevant factors alleged in the request for an injunction.
Other Types Of Injunctions For Protection
There are other different types of injunctions for protection in Florida. These are: Injunction For Protection Against Dating Violence; Injunction For Protection Against Stalking; Injunction For Protection against Repeat Violence; Injunction For Protection Against Sexual Violence. If the requesting person does not qualify for a domestic violence injunction for protection they may qualify for one of these other injunctions for protection.
Each different type of injunction for protection has specific legal requirements that have to be met by the person seeking the injunction for protection. The specific legal requirements are important because if they are not met the judge should deny the request for the injunction for protection. This is one of many reasons why it is important to discuss with a lawyer experienced in representing accused individuals whom an injunction for protection is being sought what if any injunction for protection can be obtained by the alleged victim against the accused.
The Lawyer
Call 407-740-8300 for a free consultation with a lawyer with 20+ year experience defending individuals against domestic violence injunctions for protection.
For More Information About Florida Domestic Violence Injunctions For Protection Click Below:
Orlando Domestic Violence Injunction Lawyer
For Information About Chris S. Boatright, P.A. Click Below:
Florida Domestic Violence Injunctions For Protection For Victims
Request
If you are the victim of any act of domestic violence or have reasonable cause to believe that you are in imminent danger of becoming a victim of domestic violence you can ask the court for a protective order prohibiting domestic violence.
Requirements
The court may only give a person a domestic violence injunction for protection if the person you are requesting the injunction against is your spouse, former spouse, related to you by blood or marriage, living with you now as a family or has lived with you in the past as a family, or the other parent of your child or children whether or not you have ever been married or ever lived together. With the exception of persons who have a child or children in common, the family or household members must be currently residing together or have resided together in the same single dwelling unit.
Domestic Violence
Domestic violence includes: assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any other criminal offense resulting in physical injury or death to the person requesting the injunction by any of the family household members of the person requesting the injunction.
Reasonable Cause
To determine whether the person requesting the injunction has reasonable cause to believe they are in imminent danger of becoming a victim of domestic violence, the court must consider all relevant factors alleged in the request for an injunction.
Other Types Of Injunctions For Protection
There are other different types of injunctions for protection in Florida. These are: Injunction For Protection Against Dating Violence; Injunction For Protection Against Stalking; Injunction For Protection against Repeat Violence; Injunction For Protection Against Sexual Violence. If you do not qualify for a domestic violence injunction for protection you may qualify for one of these injunctions for protection.
Each different type of injunction for protection has specific legal requirements that have to be met by the person seeking the injunction for protection. The specific legal requirements are important because if they are not met the judge should deny the request for the injunction for protection. This is one of many reasons why it is important to discuss what if any injunction for protection applies to the person requesting an injunction for protection with a lawyer experienced in representing people seeking injunctions for protection.
The Lawyer
Call 407-740-8300 for a free consultation with a lawyer with 20+ year experience representing individuals seeking injunctions for protection.
For More Information About Florida Domestic Violence Injunctions For Protection Click Below:
Florida Prostitution, The Seller And Florida Statutes
The Law
Florida Statute Section 796.07 is the most common statute to arrest and prosecute prostitution offenses in Florida. Specifically, Florida Statute Section 796.07(2)(e) is the most common statute used to arrest and prosecute sex sellers in Florida. Florida Statute Section 796.07(2)(e) states “it is unlawful for a person 18 years of age or older to offer to commit, or to commit, or to engage in prostitution, lewdness, or assignation”.
Florida Statute Section 796.07(1) states:
Prostitution means the giving or receiving of the body for sexual activity for hire but excludes sexual activity between spouses.
Lewdness means any indecent or obscene act.
Assignation means the making of an appointment or engagement for prostitution or lewdness, or any act in furtherance of such appointment or exchange.
Sexual Activity means oral, anal, or female genital penetration by, or union with , the sexual organ of another; anal or female genital penetration of another by any other object; or the handling or fondling of the sexual organ of another for the purpose of masturbation; however, the term does not include acts done for a bona fide medical purpose.
The Punishment
Florida Statute Section 796.07(2)(e) states that a first offense is a second degree misdemeanor, a second offense is a first degree misdemeanor and a third or subsequent offense is a third degree felony.
A second degree misdemeanor is punishable by up to sixty days in jail, up to six months on probation and up to a $500 fine.
A first degree misdemeanor is punishable by up to one year in jail, up to one year on probation and up to a $1,000 fine.
A third degree felony is punishable by up to five years in prison, up to five years on probation and up to a $5,000 fine.
Mandatory Minimums For Florida Statute Section 796.07(2)(e)
Unlike Florida Statute Section 796.07(2)(f), Florida Statute Section 796.07(2)(e) has no mandatory minimum penalties.
The Lawyer
Call 407-740-8300 for a free consultation with a 20+ year experienced former prostitution prosecutor to find out what can be done to get your charge dropped.
For Information On Chris S. Boatright, P.A. Click Below:
Jury Must Make A Separate Finding Of Battery Being Domestic Violence
The defendant was charged with domestic violence battery in violation of sections 784.03(1) and 741.283, Florida Statutes (2018). Section 741.283 establishes minimum terms of imprisonment for those adjudicated guilty of a crime of domestic violence as defined in section 741.28, Florida Statutes. The charging document described the victim as a family or household member of the defendant. The trial court’s instruction to the jury was as follows: “To prove the crime of battery, the State must prove the following element beyond a reasonable doubt: Defendant actually and intentionally touched or struck the victim against her will. An intentional touching or striking includes situations where a defendant knows that a touch or strike is substantially certain to result from his or her act.” The jury found the defendant guilty of battery as charged. After the verdict and the dismissal of the jury, the trial court found that the battery was a crime of domestic violence. The defendant filed an appeal.
According to the appeals court a domestic violence designation under section 741.28(2), Florida Statutes (2018) triggers mandatory minimum sentences under section 741.283, Florida Statutes (2018). In this case, the facts necessary to a “domestic violence” designation are (1) a battery, (2) where the victim is a “family or household member” of the defendant, and (3) the battery resulted in physical injury or death of the victim. See section 741.28(2), Florida Statutes (2018). Section 741.283(1)(a), Florida Statutes (2018) describes the mandatory minimum sentences for first, second, and third or subsequent domestic violence offenses and requires that the defendant has “intentionally caused bodily harm to another person”. Here, the jury was charged only on misdemeanor battery. It was not asked to make findings regarding bodily harm or injury of the victim or the victim’s status as a family or household member of the defendant. Therefore, the trial judge was precluded from making the domestic violence finding on her own.
See Bethea v. State, 319 So.3d 666 (Fla. 5th DCA 2021)
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Does Someone Have To Go To Jail In A Domestic Violence Case In Florida?
Someone Is Going To Jail
When law enforcement officers respond to a call regarding domestic violence they come with the presumption that someone is going to get arrested and go to jail. So once the officers arrive it is normally just a matter of figuring out who is going to jail for domestic violence charges. Contrary to what some people believe who call 911 law enforcement officers do not respond to resolve domestic disputes. They respond to determine if a crime has been committed and to arrest that person or persons and to take them to jail. Many times the person who called 911 for assistance in a domestic dispute is the person who ultimately ends up getting arrested and going to jail with domestic violence charges even though the 911 caller is really the victim but the law enforcement officers decided to believe the other person’s story.
The Investigation To Determine Who
When law enforcement officers arrive at the scene of a domestic disturbance they traditionally separate the two people and get their stories. If the stories do not match and they normally do not match then the officers look for physical evidence like injuries and damage to the surrounding area to try to determine what actually happened and if what happened was a crime and if so who committed that crime. If someone else was present during the incident other than the two people involved then unfortunately when two stories match and there is no contrary physical evidence to that story then whoever that story says committed a crime is going to jail. I call this sandbox rules two beats one end of story. Unfortunately, sometimes the third person present is biased toward one of the two people like a family member or friend but that usually does not seem to matter to most law enforcement officers, sandbox rules still apply apparently. Once they determine that a crime was committed they arrest that person committed a crime. Sometimes that means both people get arrested.
What Should Someone Do Who Has Been Arrested And Taken to Jail For Domestic Violence Charges
If you have been arrested for a domestic violence charge please contact Chris S. Boatright, P.A. at 407-740-8300 to discuss your case. Chris is a former domestic violence prosecutor who has been defending people with domestic violence charges for over 18 years. Why not put his domestic violence defense knowledge and experience to work for you.
Don’t let domestic violence charges ruin your life. Domestic violence charges can be beaten for many reasons. Chris has beaten them for many clients in the past and he may be able to beat them for you. Call 407-740-8300 for a free consultation.
For More Information On Domestic Violence Charges Click Below:
Orlando Domestic Violence Defense Lawyer
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Chris S. Boatright, P.A.
