How to File a Petition for Domestic Violence Injunction in Orlando?
If you have been a victim of domestic violence or are in imminent fear of becoming one, it is critical to take legal action to protect yourself and your children. Under the Florida Statutes Section 741.30, the victim may file a Petition for Injunction.
When Can You Obtain a Domestic Violence Injunction?
If you are in imminent fear of becoming a victim of domestic violence, it could be more difficult to obtain an injunction. That is because the standard for what qualifies as “imminent fear” is rather subjective.
In other words, the court will have to establish that a reasonable person under the circumstances would feel terrorized, intimidated, frightened, or threatened due to the abuser’s harmful or threatening behavior.
If you are considering filing a Petition for Injunction for Protection Against Domestic Violence, talk to a domestic violence lawyer to discuss your options and determine the best strategy in your case.
Factors That Impact the Outcome of Your Petition for Injunction
When reviewing your Petition for Injunction, the court in Orlando or another city in which you filed the petition will consider a plethora of factors to determine whether you, as a petitioner, have reasonable cause to believe that you are in imminent danger of being physically threatened or harmed.
The following factors will be considered by the court to decide whether to approve or deny your petition:
- The relationship between the petitioner and alleged abuser;
- The history between the parties, including past complaints, arrests, petitions, or injunctions for physical violence, threats, harassment, and other unlawful acts;
- Whether the alleged abuser has used or threatened to use deadly weapons against the petitioner;
- Whether the respondent has a criminal history involving physical violence, including assault, battery, sexual assault, and other offenses;
- Whether the alleged abuser intentionally injured or killed a pet or destroyed the petitioner’s personal property, such as a cellphone;
- Whether the respondent has harmed or threatened to harm family members, friends, or other people closely associated with the alleged victim; and
- Whether the alleged abuser has physically restrained the petitioner from calling law enforcement or leaving the house.
The court will consider all of these and many other factors to determine whether the petitioner had reasonable cause to believe that they were in imminent danger of physical abuse.
Who Can File a Petition for Domestic Violence Injunction in Orlando, Florida?
If you are considering filing a petition for domestic violence injunction, you can seek protection if you and the alleged abuser are members of the same family or household. In other words, you can petition the court to seek protection under the Florida Statutes Section 741.30 if you and the respondent are:
- Spouses (persons related by marriage)
- Former spouses
- Romantic partners (boyfriend/girlfriend)
- Persons related by blood (siblings, parents, grandparents)
- Persons who are currently living together as a family or lived together in the past
- Persons who care for a child or children together
After reviewing your Petition for Injunction, the court will either approve or deny it. If the judge thinks your case lacks substantial evidence to prove violence or imminent danger, your petition can be denied without a return hearing.
It is advised to be represented by an Orlando domestic violence lawyer when attempting to file a Petition for Injunction in Florida. You cannot afford to make mistakes. Contact our family lawyers at Arwani Law Firm to discuss your options. Call at 407-254-0060 to receive a free 15-minute consultation.