Your domestic partner has called the police on you after fights several times. You haven’t been arrested, so you might think the calls are harmless. However, even if the police don’t arrest you, your partner could file for a domestic violence injunction or restraining order. While this is not as serious as a domestic violence arrest and conviction, it can have a long-term impact on your life, and you should hire a lawyer to help you fight the injunction.
How Accusers Can Get a Domestic Violence Injunction
These kinds of restraining orders are fairly easy for accusers to get. They simply have to file a petition with the court claiming they feel they are in imminent danger. The judge can issue a temporary injunction with no input from the respondent. The temporary injunction lasts for 15 days, during which time a full hearing will be scheduled. Depending on the terms of the injunction, this could mean that you will have to leave the family home immediately and that you will not be able to contact your partner or see your children. As soon as you are informed of the temporary injunction, you should contact a defense attorney to prepare for the hearing.
Why it Is Worth Fighting an Injunction in Florida
You might decide to just give your partner the space she needs and not fight the injunction. Many people in this situation assume the partner will come to her senses eventually and dissolve the injunction, and everything will be all right. However, having a domestic violence injunction against you will affect:
Divorce Proceedings
You may not have a criminal record, but having a domestic violence injunction against you could affect the outcome of a divorce, including the equitable distribution of property and spousal support payments.
Child Custody or Visitation
A documented history of violence, such as an arrest record or domestic violence injunction, will likely make it very difficult for you to get custody of your children, or even to have unsupervised visits.
Have You Been Accused Of Domestic Violence In Florida?
You and your partner may not be at a good point in your relationship right now, but if your partner takes that a step further by accusing you of domestic violence, you need to fight back to protect your freedom. If you are frustrated about a domestic violence charge that is disrupting your life you need to speak with an experienced domestic violence defense attorney as soon as possible. Contact me online or call my Miami office directly at 305.707.7345.
I also recommend that you download a free copy of our special report "He Said, She Said: Three Mistakes That Can Destroy Your Domestic Violence Case In Florida". The sooner we talk, the sooner we will be able to help you fight the charges that could change your life forever.
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