DOMESTIC VIOLENCE
Unfortunately, and way too often, domestic violence is involved between a husband and a wife or others who are covered by Article 741, Florida Statutes, which pertains to domestic violence between family and household members. Family or household members is defined as spouses, former spouses, persons related by blood or marriage, persons who are presently living together as a family or who have lived together in the past as if a family, and persons who are parents of a child together regardless of whether or not they have been married or lived together. If you satisfy one of the relationship requirements and were or are the victim of domestic violence (see below), it is very important that you take the necessary steps to obtain protection for yourself and potentially your child(ren) as well. Such protection includes the obtaining of an injunction for protection against domestic violence from a court of competent jurisdiction which will protect you from the abuser.You can obtain such an injunction if you are either a victim of domestic violence or are in imminent danger of becoming a victim. Domestic violence is not necessarily limited to physical abuse, battery or assault. It includes sexual assaults, sexual battery, stalking, cyber stalking, aggravated stalking,
You can obtain such an injunction if you are either a victim of domestic violence or are in imminent danger of becoming a victim. Domestic violence is not necessarily limited to physical abuse, battery or assault. It includes sexual assaults, sexual battery, stalking, cyber stalking, aggravated stalking, kidnapping, false imprisonment, or any other criminal offense resulting in physical injury or death to one family or household member by another family or household member. In determining whether you are in imminent danger of becoming a victim of domestic violence, a court will consider the history between you and the alleged abuser including a history of threats of harassment, stalking and physical abuse. The statute specifically directs the court to consider the following factors and considerations:
- If the alleged abuser has attempted to harm you or family members or individuals closely associated with you.
- Whether the alleged abuser has threatened to conceal, kidnap or harm your child or children.
- Whether the alleged abuser has intentionally injured or killed a family pet.
- Whether the alleged abuser has used, or has threatened to use against you, any weapons such as guns or knives.
- Whether the alleged abuser has physically restrained you from leaving the home or from calling law enforcement.
- Whether the alleged abuser has a criminal history involving violence.
- Whether there is the existence of a verifiable order of protection issued previously, including from another state or jurisdiction.
- Whether the alleged abuser has destroyed any personal property including, but not limited to, telephones or other communications equipment in the home.
- Whether the alleged abuser has engaged in any other behavior or conduct that leads you to have reasonable cause to believe you are in imminent danger.