Orlando Dating Violence Injunction Lawyer
If you have been served with a notice of hearing for an injunction for protection against dating violence or have a filed a request for an injunction for protection against repeat violence in Orlando, Florida please contact Chris at 407-740-8300 to discuss what options may be available to get the injunction for protection against dating violence granted or dismissed.
Orlando Injunction For Protection Against Dating Violence
If someone is the victim of dating violence, and has reasonable cause to believe they are in imminent danger of becoming the victim of another act of dating violence, or if they have reasonable cause to believe that they are in imminent danger of becoming a victim of dating violence they can ask the court for a protective order prohibiting dating violence. Dating violence means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. The dating relationship must have existed within the past six months, he nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties, and the frequency and type of interaction must have included that the persons have been involved over time and on a continuous basis during the course of the relationship Dating violence does not include violence in a casual acquaintanceship or violence between individuals who only have engaged in ordinary fraternization in a business or social context.
Orlando Injunction For Protection Against Dating Violence Lawyer
Chris has been representing individuals seeking and defending against injunctions for protection since 1999. Being an Orlando injunction for protection lawyer for so long has given Chris the opportunity to spend a lot of time working with the judges in Orlando that handle injunction for protection against dating violence cases like yours. Experience dealing with those judges is important in achieving the best results in your Orlando injunction for protection against dating violence case.
Different Orlando Injunction For Protection Against Dating Violence Lawyers Get Different Results
When you have requested or have been served with a request for an injunction for protection against dating violence in Orlando you need an aggressive, experienced, and knowledgeable lawyer like Chris to represent you. An injunction for protection against dating violence can last forever and stay on your record for forever, therefore, it is important to be represented by the right lawyer. The better prepared you are for your court appearance the more likely it is you will get a favorable outcome. The best results possible are rarely obtained by just hoping for them. Get the help you need at Chris S. Boatright, P.A. to get the best results possible.
Temporary Injunction For Protection
If a person requests an injunction for protection against dating violence and the court finds a basis for that request the person will be given a temporary injunction for protection against dating violence and the case will be set for a hearing to determine if the injunction for protection against dating violence should remain in place or be dismissed.
Permanent Injunction For Protection
At the hearing for the injunction for protection against dating violence a judge can issue an order either granting or denying the injunction for protection against dating violence. If the injunction for protection against dating violence is granted then the judge will also determine the length of time the injunction for protection against dating violence will remain in place. If the injunction for protection against dating violence is granted the judge will also set the conditions of the injunction for protection against dating violence. These are things like not being allowed to contact the person, not being allowed to be within 500 feet of the person, not being allowed to be within 500 feet of the residence of the person, not being allowed to be within 500 feet of the place of employment of the person and not being allowed to possess firearms.
Effects Of An Injunction For Protection Against Dating Violence
As a result of an injunction for protection against dating violence being place against someone a judge can also require a person to complete anger management counseling in addition to a mental health evaluation and any recommended counseling from that evaluation. A permanent injunction for protection against dating violence against a person will prohibit that person from ever possessing a firearm or ammunition.
Violation Of The Conditions Of The Injunction For Protection Against Repeat Violence
If a person violates a condition of the injunction for protection against dating violence the person can be found in contempt and given a jail sentence.
Injunction For Protection Against Dating Violence Information
If someone is the victim of dating violence, and has reasonable cause to believe they are in imminent danger of becoming the victim of another act of dating violence, or if they have reasonable cause to believe that they are in imminent danger of becoming a victim of dating violence they can ask the court for a protective order prohibiting dating violence. Dating violence means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. The dating relationship must have existed within the past six months, he nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties, and the frequency and type of interaction must have included that the persons have been involved over time and on a continuous basis during the course of the relationship Dating violence does not include violence in a casual acquaintanceship or violence between individuals who only have engaged in ordinary fraternization in a business or social context.
Dating violence includes assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death.
The person making the request to the court is called the petitioner.
The person whom the person is asking for protection from is called the respondent.
If the facts contained in your request for an injunction for protection against dating violence convince the judge that you are a victim of repeat violence or that an immediate danger of dating violence to you exists, the judge will grant you a Temporary Injunction For Protection Against Dating Violence.
Injunction For Protection Against Dating Violence Defenses
Self Defense And The Defense Of Others
A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force. A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.
(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using or threatening to use defensive force that is intended or likely to cause death or great bodily harm to another if:
(a) The person against whom the defensive force was used or threatened was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and
(b) The person who uses or threatens to use defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.
(2) The presumption set forth in subsection (1) does not apply if:
(a) The person against whom the defensive force is used or threatened has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person; or
(b) The person or persons sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used or threatened; or
(c) The person who uses or threatens to use defensive force is engaged in a criminal activity or is using the dwelling, residence, or occupied vehicle to further a criminal activity; or
(d) The person against whom the defensive force is used or threatened is a law enforcement officer, as defined in Florida Statute 943.10(14), who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using or threatening to use force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.
(3) A person who is attacked in his or her dwelling, residence, or vehicle has no duty to retreat and has the right to stand his or her ground and use or threaten to use force, including deadly force, if he or she uses or threatens to use force in accordance with Florida Statute 776.012(1) or (2) or Florida Statute 776.031(1) or (2).
(4) A person who unlawfully and by force enters or attempts to enter a person’s dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.
(5) As used in this section, the term:
(a) “Dwelling” means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night.
(b) “Residence” means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.
(c) “Vehicle” means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.
A person who uses or threatens to use force as permitted in Florida Statute 776.012, Florida Statute 776.013, or Florida Statute 776.031 is justified in such conduct and is immune from criminal prosecution and civil action for the use or threatened use of such force by the person, personal representative, or heirs of the person against whom the force was used or threatened, unless the person against whom force was used or threatened is a law enforcement officer, as defined in Florida Statute 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using or threatening to use force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant. A law enforcement agency may use standard procedures for investigating the use or threatened use of force as described in subsection (1), but the agency may not arrest the person for using or threatening to use force unless it determines that there is probable cause that the force that was used or threatened was unlawful. The court shall award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).
Use or threatened use of force by aggressor.—The justifications for use or threatened use of force by an aggressor as stated above are not available to a person who:
(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
(2) Initially provokes the use or threatened use of force against himself or herself, unless:
(a) Such force or threat of force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use or threatened use of force which is likely to cause death or great bodily harm to the assailant; or
(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use or threatened use of force, but the assailant continues or resumes the use or threatened use of force.
Defense Of Property
A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other’s trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force. A person is justified in using or threatening to use deadly force only if he or she reasonably believes that such conduct is necessary to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.
A person who uses or threatens to use force as permitted in Florida Statute 776.012, Florida Statute 776.013, or Florida Statute 776.031 is justified in such conduct and is immune from criminal prosecution and civil action for the use or threatened use of such force by the person, personal representative, or heirs of the person against whom the force was used or threatened, unless the person against whom force was used or threatened is a law enforcement officer, as defined in Florida Statute 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using or threatening to use force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant. A law enforcement agency may use standard procedures for investigating the use or threatened use of force as described in subsection (1), but the agency may not arrest the person for using or threatening to use force unless it determines that there is probable cause that the force that was used or threatened was unlawful. The court shall award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).
Use or threatened use of force by aggressor.—The justifications for use or threatened use of force by an aggressor as stated above are not available to a person who:
(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
(2) Initially provokes the use or threatened use of force against himself or herself, unless:
(a) Such force or threat of force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use or threatened use of force which is likely to cause death or great bodily harm to the assailant; or
(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use or threatened use of force, but the assailant continues or resumes the use or threatened use of force.
Lack Of Injuries
Lack of injuries for conduct which should have normally produced injuries.
Conflicting Details
Conflicting details in an alleged victim’s story about the incident, for instance, alleged victim says the Defendant threw a dinner plate at the alleged victim, that hit the alleged victim and shattered on the tiled kitchen floor, but no dinner place pieces are anywhere to be found, the Defendant allegedly punched a hole in the wall of the bedroom, but there is no hole in the bedroom wall, etc.
Divorce
Divorce and/or child custody and/or child support and/or alimony issues that are reasons for the alleged victim to make up an incident or exaggerate an incident.
False Allegations
False allegations because the alleged victim is actually the one who committed the domestic violence but does not want to go to jail so the alleged victim makes up domestic abuse that never occurred. False allegations because the alleged victim is being kicked out of the home due to relationship problems such as cheating. False allegations because the Defendant cheated on the alleged victim and the alleged victim wants revenge. False allegations because the alleged victim owes the Defendant money.
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Chris S. Boatright, P.A.
