Appealing a Florida Domestic Violence injunction you feel a judge unfairly denied or granted is serious business. We answer commonly asked questions here.
My spouse has never physically attacked me but recently burned my clothes in my front yard and has tortured the family pet. I think my spouse is dangerous. Can I get a Domestic Violence Injunction?
Possibly. Physical contact, such as assault, does not have to have occurred in order for a Domestic Violence Injunction to issue. The Injunction can be granted if the moving party shows they have reasonable fear of becoming a future victim of domestic violence.
When it comes to determining whether someone has a reasonable fear of becoming the victim of Domestic Violence, the court can consider whether the respondent:
- previously threatened, harassed, stalked, or physically abused the petitioner;
- attempted to harm the petitioner or family members or individuals closely associated with the petitioner;
- threatened to conceal, kidnap, or harm the petitioner’s child or children;
- intentionally injured or killed a family pet;
- used, or has threatened to use, against the petitioner any weapons such as guns or knives;
- physically restrained the petitioner from leaving the home or calling law enforcement.
- a criminal history involving violence or the threat of violence (if known);
- another order of protection issued against him or her previously or from another jurisdiction (if known);
- destroyed personal property, including, but not limited to, telephones or other communication equipment, clothing, or other items belonging to the petitioner; or
- engaged in any other behavior or conduct that leads the petitioner to have reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence.
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