Appealing a Florida Domestic Violence injunction you feel a judge unfairly denied or granted is serious business. We answer commonly asked questions here.
What is domestic violence? Is it limited to assault?
"Domestic Violence" means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment or any criminal offense resulting in physical injury or death of one family or household member by another who is or was residing in the same single dwelling unit.
"Family or household member" means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who have a child in common regardless of whether they have been married or have resided together at any time.
Notably, Domestic Violence in Florida is not limited to assault. 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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