Domestic Violence Injunctions
Domestic violence often arises from deeply emotional, complicated situations. Parties who are seeking or fighting against a domestic violence injunction may benefit from the assistance of a knowledgeable legal professional who can protect their interests. While this is considered a civil rather than a criminal proceeding, important rights and the future of an entire family may be at stake. At the The Law Offices of Ryan M. Cardoso, PLLC, Pensacola domestic violence injunction lawyer Ryan M. Cardoso has assisted many people with obtaining and defending against domestic violence injunctions. As a solo practitioner, he can provide you and your family with the personal attention and dedication that you deserve during this difficult time. Ryan also is a knowledgeable criminal defense attorney who can fight a wide range of charges on your behalf.Domestic Violence Injunction Proceedings
Florida’s laws governing domestic violence injunctions are codified in Florida Statutes § 741.30. An injunction is a document from a court that prohibits an individual from engaging in certain acts. If the subject of the injunction violates its terms, the police can arrest him or her. The court can include a wide variety of conditions and requirements in the injunction, based on the specific situation.
Florida Statutes § 741.28 defines domestic violence as including any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or other criminal offense that injures a family or household member. Moreover, Florida Statutes § 784.046 provides for similar injunctions to protect victims of repeat, dating, and sexual violence.
A party can specify the type of injunction he or she is seeking in the petition, which is then presented to the judge. The court will consider as soon as possible whether a temporary injunction is appropriate. The judge conducts a full evidentiary hearing regarding the allegations within 15 days after the petition is filed. The court has the power to grant an additional 15-day continuation for the hearing, provided that the requesting party can provide good evidence in support of the request.
There are a number of significant consequences when a court issues a domestic violence injunction. For example, they appear on most background checks, including those run by loan officers, landlords, and employers. They also may result in an individual’s loss of certain rights, such as the right to possess a firearm.
Perhaps most critically, domestic violence injunctions can have a substantial impact on family law matters. They can force someone to leave a family home that is shared with the alleged victim. They also can result in a court order for the payment of temporary child support to children from a relationship between the alleged victim and the alleged perpetrator. Moreover, the existence of a domestic violence injunction may have a significant impact on the child custody arrangement that a family law court imposes on parents. For all of these reasons and others, it is essential to seek representation from a dedicated attorney if you are involved in this type of proceeding, even if you are not currently facing criminal charges.Enlist a Domestic Violence Injunction Lawyer in The Pensacola Area
If you are involved in a legal action or dispute involving domestic violence, you may be eligible to obtain an injunction from the court. Alternatively, if you are named in a civil action seeking a domestic violence order, it is critical that you retain an attorney who understands the rights and protections available to you. Pensacola domestic violence injunction attorney Ryan M. Cardoso can represent people throughout Escambia, Santa Rosa, and Okaloosa Counties, including in Pensacola, West Pensacola, Cantonment, Brent, Bellview, Ferry Pass, Century, Gulf Breeze, Milton, Navarre, Jay, Crestview, Fort Walton Beach, and Niceville. Call us at 850.466.2073 or contact us online to set up a free consultation. Ryan also can represent criminal defendants and people throughout Florida who need an auto accident attorney.