How Do I Respond To A Domestic Violence Injunction?

Florida has a fairly expansive definition of domestic violence, though it is specified that the offense must be committed against a “family or household member” of the perpetrator. If a person has been the victim of domestic violence, or if they have “reasonable cause” to believe they are in imminent danger of becoming a victim, they have the right to seek what is known as a domestic violence injunction (DVI). If you have been served with a DVI, it can be a shock. The right attorney can help you understand how to respond.

May Be Sudden

If a person is in fear of becoming a victim of domestic violence, they can petition the relevant court for an injunction against their alleged abuser. A domestic violence injunction can require the respondent (the non-moving party) to do things, such as moving out of the home they share, surrendering their firearms and ammunition, and having no contact with the petitioner. However, one unpleasant fact is that if the petitioner is awarded a temporary DVI (also known as an ex parte order), the respondent may be ordered to do all this out of the blue.

A permanent DVI cannot be issued without a hearing, meaning that a respondent will have the chance to tell their side of the story before a judge. However, in the meantime, a respondent may be suddenly without a place to live or without some of their possessions – this inconvenience is weighed against an alleged victim’s right to feel safe in their own home, and courts have generally come down on the side of the victim.

Have Evidence Ready

In order to obtain a DVI, a petitioner must establish their fear as rational, and have the evidence supporting their argument that the respondent is a threat to their safety. A respondent, by comparison, should gather evidence that gives the lie to such allegations if it exists. If there is a motive to cast aspersions on the respondent, or tie up the court’s time with a spurious petition, such evidence is relevant. If there have been negative events in the respondent’s past, they must be sufficiently explained.

That said, the first thing a respondent should do upon being served with a DVI is to enlist an attorney as quickly as possible. Some people think that hiring an attorney implies guilt; in reality, it helps to protect a person in this situation from accidentally violating the DVI or otherwise acting against their own interests. When a person has been accused of a crime as serious as domestic violence, it is understandable that they might not be thinking clearly afterward.

Contact A West Palm Beach Domestic Violence Attorney

If you have been served with a domestic violence injunction, it is understandable to feel surprised and overwhelmed. A West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. can help you figure out a plan to protect your rights while complying with the injunction. Contact our office today to schedule a consultation.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.28.html