Is A Domestic Violence Injunction Worth It?
The conventional wisdom often given to a victim of domestic violence is to obtain a domestic violence injunction (DVI, also called a restraining order) if possible, given that it ostensibly provides protection in the event that an alleged abuser tries to harm them further. While this is often true, it does not address the unfortunate fact that sometimes, DVIs cause more trouble than they may be worth. If you have been the victim of a domestic violence offense, it is a good idea to seek legal advice as to whether getting a DVI would be the best choice for you.
Must Show ‘Reasonable Fear’
Florida recognizes four different types of injunctions, of which a DVI is only one. If a person has a “reasonable belief” that they have been or will be in “imminent danger of becoming a victim” of domestic violence, they generally have the right to seek an injunction against their alleged abuser. Ostensibly, a DVI, if granted, establishes protection for the petitioner, as a violation of the injunction means arrest. In addition, it creates a paper trail to be used against the alleged abuser in any further incidents.
A temporary or ex parte DVI may be granted without a formal hearing, but a long-term DVI cannot be awarded without a formal court hearing in which both sides of a domestic violence case present their side of the story. Not every DVI petition is successful, but as long as the petitioner can establish their ‘reasonable belief’ that domestic violence is imminent, the injunction will be granted to the petitioner.
Pros & Cons
While a properly enforced DVI can protect many victims of domestic violence crimes, the sad reality is that sometimes, an injunction will only embolden some abusers. The period in which an abuse victim signifies they want to leave an abusive relationship is by far the most dangerous for them, and far too often, getting an injunction can be a first step into that territory.
In general, a DVI should be a tool in a victim’s arsenal. Relying on it too heavily without taking other precautions – for example, changing locks, purchasing a security system, or having family stay with you if possible – is not a good idea. However, every victim must make their own decision as to whether or not they believe an injunction will improve their situation. If they believe it will do more harm than good, that is their right.
Contact A West Palm Beach Domestic Violence Attorney
If you have been involved in a domestic violence situation, and are debating filing for a DVI, consulting a West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. can help you clarify your options. We can help you determine just what might be right for you – call us today to speak to an attorney.
