Respondent For A Florida Domestic Violence Injunction For Protection
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.
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 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.
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.
Call 407-740-8300 for a free consultation with a lawyer with 20+ year experience defending individuals against domestic violence injunctions for protection.
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