The definition of domestic violence will vary depending on which state you’re in. According to Florida law, domestic violence is defined as any assault, battery, stalking, kidnapping, false imprisonment, or any other criminal offense resulting in the physical injury or death of one family or household member by another family or household member. Likewise, a household member is defined as any spouse, former spouse, a person related by blood or marriage, people who are presently residing together as a family or who used to live together as a family, and people who are parents of a child in common regardless of whether or not they have been married.
If you or a loved one has been threatened with domestic violence, you do have options. For those considering filing for divorce but are too afraid for their safety, you can file a restraining order against your spouse or petition the court to grant an injunction for protection against domestic violence. You can do this by filing the correct paperwork with the clerk of the circuit court, and you can file in the county where you currently live, where your abuser lives, or where the violence occurred.
Your petition will be immediately taken to a judge, who will review it promptly and issue a temporary ex parte injunction if he or she finds an immediate threat of violence to you or a family member. The injunction will last for 15 days, but before it expires, you will attend a hearing, where you can get a long term, final injunction.
If you need assistance filing the paperwork, don’t hesitate to call us. Our attorneys can help you file and can represent you during the hearing. We can also help you get the divorce process initiated. The Virga Law Firm, P.A. has more than 40 years of combined experience to offer you and your case. You deserve to live without constant fear of violence. Let us see how we can help. Our firm is available 24/7 to take your call. Our attorneys understand this can be an emotionally charged and stressful time for you, which is why we provide around the clock, supportive legal assistance.
Contact us at (800) 822-5170 or fill out our online form to schedule your consultation today.