Florida law states that a person can seek a restraining order if they are a domestic violence victim or have reasonable cause to believe they are in imminent danger of experiencing domestic violence. So, how does the court determine if a person is justified to be of the opinion that they are in imminent danger of experiencing domestic violence? According to Florida Statute 741.30, in deciding this, the court considers and assesses, among other things, the following;<\/p>\n
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- What has happened in the past between the parties, including stalking, threats, physical abuse, and harassment<\/li>\n
- Whether the accused has made any threats to hurt the petitioner or someone close to the petitioner<\/li>\n
- Whether the accused has deliberately hurt or killed a family pet<\/li>\n
- Whether the accused has made any threats to kidnap, conceal, or hurt a child or children<\/li>\n
- The existence of another verifiable restraining order issued previously or from a different jurisdiction<\/li>\n
- Whether the accused has ever engaged in violent acts or threatened to commit a violent act<\/li>\n
- Whether the accused has ever made it physically impossible for the petitioner to call the police or step outside the house<\/li>\n
- Whether the accused has used or made threats to use against the petitioner any weapons<\/li>\n
- Whether the accused has damaged property<\/li>\n
- Whether the accused has done anything else that warrants the petitioner\u2019s belief<\/li>\n<\/ul>\n
When making a decision, the court can consider and assess any other factor not mentioned above. Generally, for a judge to find that you have reasonable cause to believe you are in imminent danger of becoming a domestic violence victim, the respondent must have done something that warrants your fear.<\/p>\n
Contact an Orlando, FL Domestic Violence Lawyer at the Arwani Law Firm<\/strong><\/p>\n
If you are a victim of domestic violence or fear that you could soon be a victim, and need help petitioning the court for a restraining order, contact an Orlando, FL domestic violence lawyer<\/a> at the Arwani Law Firm. Call us at 407-254-0060 to set up a consultation with one of our attorneys who can help you with your case.<\/p>\n
Source:<\/p>\n
leg.state.fl.us\/statutes\/index.cfm?App_mode=Display_Statute&URL=0700-0799\/0741\/Sections\/0741.28.html<\/p>\n\t\t\t
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