No person should have to endure violence in their own household. The unfortunate reality for many people is that this type of violence is not uncommon. From physical injuries to threats or harassment, domestic abuse is prevalent, and a capable family law attorney can use the legal system to protect you.
If you are a domestic violence victim, you have legal options outside of the criminal justice system and could be entitled to an injunction that protects you from your abuser. A Pinecrest domestic violence lawyer can review your situation and advise you of the best options to keep you safe.
What is Domestic Violence?
Many people assume that an act of domestic violence only occurs between spouses. In reality, the definition of domestic violence is much broader. These acts could result in domestic violence charges under a variety of situations and a Pinecrest attorney can assist in each of them.
Domestic violence offenses cover criminal acts between family or household members. While this often involves spouses, it can involve other individuals as well, such as those related by blood, people related by marriage, former spouses, and even unrelated individuals who currently or previously reside together, including roommates.
There are numerous acts that can lead to a domestic violence arrest. Each of these acts is already a crime according to Florida law. However, these offenses carry steeper penalties when the victim is a family or household member. There are also additional consequences that can play out in family court. The offenses that can result in a domestic violence charge include:
- Aggravated Stalking;
- Sexual Battery;
- Aggravated Assault;
- Aggravated Battery.
Additionally, any criminal offense that leads to either physical injury or death of a family or household member is considered an act of domestic violence.
How Can a Domestic Violence Attorney Help?
Acts of domestic violence are crimes but victims have additional legal options beyond waiting for the state to prosecute their abuser. The primary option available is an injunction against their abusive family member or cohabitant. A Pinecrest domestic violence attorney can assist with obtaining one of these injunctions as quickly as possible.
An injunction that is issued by the Judge is legally binding, and they typically require the person named in domestic violence order to avoid making any contact with the reporting witness. This can include staying a minimum distance away from the other party while the order is in effect. An injunction could provide a victim of domestic violence with peace of mind knowing that there are steep consequences for their abuser if they attempt to make further contact.
One of the most important tools available in domestic violence cases is the temporary injunction. The court has the power to issue an injunction following a complaint of domestic violence, even in cases where the accused has not yet been heard. This order could be issued immediately following an act of abuse.
Eventually, the accused has the right to a hearing. The Judge will hear both sides before deciding to keep the order in place or remove it. A lawyer can make a well-reasoned argument for why protection needs to continue.
Call a Pinecrest Domestic Violence Attorney to Protect Your Family
If you have been abused by a family member or individual who lives with you, The Florida Probate & Family Law Firm can help you protect yourself and your loved ones. An injunction could provide you with the assurance that your abuser will not contact you further.
Do not address this difficult situation on your own. Call a Pinecrest domestic violence lawyer as soon as possible to learn what steps you need to take.