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July 10, 2014

Domestic Violence Injunctions in Boca Raton

Few things are more frightening than violence or the threat of violence against you or your children. When that violence or threat comes from a spouse or member of your family, you may be even more afraid and not know how to protect yourself and your family. Fortunately, Florida law provides protections for residents who are victims of domestic violence in an attempt to keep them safe from their volatile family member. This protection comes in the form of an Injunction for Protection, and is often referred to as an order of protection or a restraining order.

What exactly is domestic violence?


Before you apply for an Injunction, you should be aware of the law's definition of domestic violence. Florida law defines domestic violence as any of the following actions against a family or other household member:

· Assault
· Battery
· Sexual assault
· Stalking
· Kidnapping
· Any criminal offense resulting in injury
· Aggravated assault
· Aggravated battery
· Sexual battery
· Aggravated stalking
· False imprisonment
· Any criminal offense resulting in death

The law also defines "family or household member" as any of the following:

· Spouses or former spouses;
· Two people related by marriage or blood;
· People living together as a family, or who previously lived together as a family in a
single housing unit; or
· Parents of the same child, whether they are married, divorced, or were never
married.

If you have suffered any of the above actions, or have a reasonable fear that you are in immediate danger of one of the above actions by a family or household member as described above, you may file a petition for an Injunction for Protection with the court. You do not have to be seeking a separation or divorce or criminal charges against the spouse of family member to qualify for court protection. A judge may award a temporary Injunction without the presence of the other party if the judge deems it necessary.

A temporary Injunction prohibits the offender from any further acts or threats of violence against you, may order them to leave if you share a residence, can prohibit them from showing up at your home, work, or school, and can also award you temporary custody of any minor children who may be involved. Your immediate Injunction is only temporary, however, and in order to obtain a final Injunction, you will have to attend a full hearing in front of a judge. The other party will be able to present their own case against an injunction at this hearing, so it is always important that you have the assistance of an attorney.

If you have been the victim of domestic violence, your first move should call the police or otherwise make sure you and your children are safe. However, your next step should be to contact the Boca Raton law office of domestic violence attorney Alan R. Burton. Mr. Burton can help domestic violence victims obtain an Injunction for Protection and can help to enforce that Injunction to ensure you and your children are safe from harm. Dealing with domestic violence can be difficult, but you do not have to face the issue alone. Call dedicated attorney Alan Burton today for help.

January 3, 2011

Is a hearing required before a court can vacate temporary injunctions against domestic violence?

The issue of vacating temporary injunctions against domestic violence was dealt with in Schock v. Schock, 979 So.2d 1201 (Fla. 4th DCA 2008).

In this case the father had obtained injunctions against his child's mother, along with another one against her boyfriend. The allegations made included neglect and abuse against his daughter. The duty judge found the allegations appropriate for the issuance of an injunction, that the child involved was the victim of domestic violence, and was in immediate and present danger, and he issued the orders accordingly.

In response to all this, the mother filed an Emergency Motion For Return of Child and Change of Custody in the dissolution of marriage action that had been filed. Two days after the mother had filed her motions, the trial judge assigned to the divorce case entered two orders vacating the injunctions that had been previously entered by the duty judge.

The judge decided on his own that the allegations made by the father in his application for an injunction against the child's mother were conclusory, and those which were made against the boyfriend were based upon hearsay.

On appeal, the trial judge was reversed. The appellate court stated that once an injunction is issued under Section 741.30, Florida Statutes, the injunction cannot be vacated without a hearing. Sanchez v. State, 785 So.2d 672, 676 (Fla. 4th DCA 2001).

As a result of this ruling, the temporary injunctions were re-instated, and the trial court was instructed to conduct an evidentiary hearing before ruling on the motions filed by the mother. See also White v. Cannon, 778 So.2d 467, 467-68 (Fla. 3rd CA 2001).

For further information, advise, or any questions on this topic, please click the following link: www.alanburtonlaw.com