Domestic Violence Injunctions

Domestic violence often arises from deeply emotional, complicated situations. In many cases, the person who is defending against an injunction has already been arrested in a criminal proceeding. Because of the heightened emotion that is at the root of these cases, and the powerful desire to either defend yourself or apologize, it is imperative that the defendant speaks with a criminal defense lawyer before making any statements that can be used in a criminal case. A person facing an injunction must carefully consider his or her options and fully understand how the injunction proceedings might impact any criminal charges before taking action. At Cardoso Law, PLLC, Pensacola domestic violence injunction lawyer Ryan M. Cardoso has assisted many clients facing domestic violence criminal charges who also find themselves defending against a domestic violence injunction case. Ryan has found that in cases where the defendant disputes the allegations, the domestic violence civil injunction proceeding can often be maximized to reveal information about the facts in dispute that is helpful to the defendant in a criminal case. Alternatively, when a client admits fault and wants to apologize, the domestic violence injunction proceeding serves a starting point for the defendant to begin seeking counseling and taking other positive steps that can help plea negotiations in a domestic violence battery case, or aggravated battery case in criminal court.

Florida’s laws governing domestic violence injunctions are codified in Florida Statutes § 741.30. An injunction is a judicial order that prohibits an individual from engaging in certain acts, such as staying away from a person or a location where that person may be found and relinquishing possession of firearms. If the defendant to the injunction violates its terms, the police can arrest him or her and bring criminal charges for violating the injunction. The court can include a wide variety of conditions and requirements in the injunction, based on the specific situation.

Florida Statutes § 741.28 defines domestic violence as including any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or other criminal offense that injures a family or household member. Moreover, Florida Statutes § 784.046 provides for similar injunctions to protect victims of repeat, dating, and sexual violence.

A party can specify the type of injunction he or she is seeking in a Petition, which is then presented to the judge. If it appears to the judge that an immediate and present danger of domestic violence exists, the court may grant a temporary injunction, pending a full hearing, and may grant such relief as the court deems proper. The temporary injunction will remain in effect until the court holds a full evidentiary hearing. The judge conducts a full evidentiary hearing regarding the allegations in the Petition within 15 days after it is filed. The court may grant a continuance of the hearing, provided that the requesting party can show good cause. In many cases, a defendant has very little notice prior to the evidentiary hearing and will need to request a continuance to prepare for the hearing. If the defendant fails to appear at the hearing, the defendant loses the injunction case. Therefore, it is important that you seek counsel immediately after receiving notice that you must appear in court to defend yourself against a domestic violence injunction petition.

There are a number of significant consequences when a court issues a domestic violence injunction. For example, final injunctions appear on most background checks, including those run by loan officers, landlords, and employers. They can also result in an individual’s loss of certain rights, such as the right to possess a firearm.

Perhaps most critically, domestic violence injunctions can have a substantial impact on family law matters. They can force someone to leave a family home that is shared with the alleged victim. They can also result in a court order for the payment of temporary child support to children and temporary child sharing when the parties have children in common. Moreover, the existence of a domestic violence injunction may have a significant impact on the child custody arrangement that a family law court imposes on parents. For these reasons and others, it is essential to seek representation from a dedicated attorney if you are involved in this type of proceeding, even if you are not currently facing criminal charges.

If you are facing domestic violence injunction proceedings, it is critical that you promptly retain an attorney who understands the rights and protections available to you. Pensacola domestic violence injunction attorney Ryan M. Cardoso can represent people throughout Escambia County and Santa Rosa County, Florida, including in Pensacola, Cantonment, Century, Gulf Breeze, Jay, Milton, Navarre, and Pace. Call us at (850) 466-2073 or contact us online to set up a free phone consultation. Ryan also can represent criminal defendants facing charges for domestic violence battery, aggravated battery, aggravated assault, and sexual battery throughout Northwest Florida.