Myth Busting Domestic Violence Injunctions
Domestic violence injunctions (DVIs) are sometimes seen as these mythical weapons that can stop an abuser in their tracks. Unfortunately, this is not the case – and while a DVI can be a useful tool for many abuse victims, there is also a fair amount of misinformation about them that gets passed around people who have never had to seek one (or been served with one). If you are in a situation where you have sought a DVI or been served one, it is imperative to understand what it does and does not actually do.
DVIs Are Not Given Arbitrarily
It is a common talking point among defendants that DVIs are allegedly given out willy-nilly, with no evidence required in order to cause problems for a defendant. This is simply not the case. It is true that Florida law states that a person only needs to have been a victim of domestic violence, or to have “reasonable cause to believe” that they are in imminent danger of becoming a victim, in order to have standing to seek a DVI. However, that fear is only sufficient to obtain a temporary order, also known as an ex parte order. Temporary orders only last around 30 days.
In order to obtain a permanent DVI, an individual must prove by clear and convincing evidence that the situation warrants it. This is done by having a hearing at which both the alleged victim and alleged abuser can present their side of the story. The judge must be fair and impartial when making their ruling, and it is very common for petitioners, regardless of age, sex, or any other characteristic, to be rejected if their petition does not meet requirements.
Violating A DVI Is A Big Deal
In the same vein, it is not uncommon for the average person to think a DVI is not worth the paper it is printed on, and believe there will be few consequences for violating it. In reality, the consequences can be more or less severe depending on the specific nature of the violation. For example, if your estranged partner comes over and you and they have a shouting match, the consequences would almost certainly be lighter than if they came over with a weapon and threatened you.
At a minimum, being convicted of violating a DVI carries up to a year in jail, plus fines and court costs. In addition, if a person is convicted of an additional crime along with the violation – for example, being convicted of unlawful possession of a firearm or assault at the same time – the sentence will be harsher. In extreme cases, this could add up to 15 years in prison – certainly not “no big deal.”
Call A West Palm Beach Domestic Violence Attorney
Any situation where domestic violence allegations are being made is one you should not navigate alone. A West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. can help to ensure your rights are protected during the legal process. Call our office today to speak to an attorney.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.30.html
