Grounds For Issuing A Domestic Violence Injunction

There is a persistent sexist myth that women who allege domestic violence in court are immediately believed without much evidence and granted permanent domestic violence injunctions (DVIs, or restraining orders). In reality, the process for obtaining a DVI is specific and requires a certain standard of evidence, regardless of the genders of the alleged victim and perpetrator.

Temporary Injunctions Granted Fast

A domestic violence injunction is a court order, issued in response to a petition by a person who has either been the victim of domestic violence or has “reasonable cause to believe [they] are in imminent danger of becoming” a victim of domestic violence. If the court believes the petitioner has shown that their fear is reasonable, a temporary injunction will be awarded. The court has some discretion in what it may include in a DVI, but the usual provisions include having to avoid contact with the alleged victim in any way.

A temporary or ex parte DVI is usually granted the same day as the petition is filed (if it is granted at all), but it is only enforceable until a hearing can be held where both parties get to tell their story to the court. This does mean that the temporary injunction can be issued without consulting the alleged abuser, but Florida’s courts have ruled that in balancing the parties’ situations, the right of the alleged victim to feel safe carries more weight than the right of the alleged abuser to not be surprised by the order.

Permanent Injunctions Take More

Contrary to most family-related legal matters, the hearing for a permanent domestic violence injunction will usually be scheduled within weeks of the initial petition. This is because a person’s rights may hang in the balance – the alleged abuser is often displaced from their home, sometimes made to surrender their firearms and subject to many different rules that they should not have to contend with if they have not committed a crime.

In order to have obtained a temporary DVI, a petitioner must have presented evidence of past domestic violence or of a reasonable fear of future violence. They may present the same evidence, generally, at the permanent hearing – but specifically, it is important to remember that not all domestic violence is physical. Just because an alleged abuser never physically harmed the victim does not mean they may not be guilty of abuse in another form. Still, both parties to an alleged abuse case must be heard before a decision is made.

Contact A West Palm Beach Domestic Violence Attorney

When domestic violence happens, victims too often feel completely alone. A domestic violence injunction is not a remedy for everyone, but it is one that can be a great help to people in need of protection. A West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. can represent your interests and help answer any questions you may have about the legal process. Call our office today to schedule a consultation.