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Laws against domestic violence in Florida indicate that the petitioner in an action of domestic violence should be a victim or be in imminent danger of becoming a victim of domestic violence. While the definition of domestic violence includes physical abuse, does not specifically list the emotional abuse in its definitions.
Domestic violence laws indicate that a temporary restraining order (TRO) may be filed to provide immediate relief of domestic violence. The judge of the Family Court will initially only consider the written verified petition or affidavit of the petitioner to decide whether to grant a TRO. If granted the temporary restraining order, the defendant is entitled to notice and a hearing within 15 days of the issuance of the TRO. A TRO may include relief including an order to prevent further abuse, the award to the petitioner of a jointly occupied residence, temporary custody arrangements, and any contact arrangement. The respondent will also be required to surrender his/her weapons.
In a domestic Violence hearing, the Family Court judge will hear witnesses such as the victim of domestic violence, the person alleged to have committed abuse and any other appropriate witness. If granted, a permanent restraining order may be issued which will generally include provisions to stop the violence in the future, including the provisions relating to the occupation of the matrimonial home, custody of minor children, temporary alimony or child support and provide for no contact between the defendant and the plaintiff. It may also be granted for a specific period of time. The judges are aware of the enormous implications in the event of divorce, child custody, child support and other family law issues that may come into play with a permanent injunction and are cautious to sign orders unless they believe that the evidence supports such action.
If you are the subject of a restraining order, you must use caution to avoid any contact with the other party to prevent further penalties that may include imprisonment or an extension of the restraining order. The Respondent may be in violation of the Restraining Order if he/she calls or texts the other party or goes near her/his job, house or school.
For Spanish, please visit us at: Violencia Doméstica
Dana Pechersky is serving clients as a family law attorney in Broward and Miami-Dade counties, including Weston, Pembroke Pines, Plantation, Davie, Tamarac, Fort Lauderdale, Oakland Park, Lauderhill, Coconut Creek, Dania, Deerfield Beach, Everglades Parkway, Hallandale, Hollywood, Lauderdale Lakes, Pompano Beach, Miramar, Southwest Ranches, West Park, Miami Gardens, Hialeah, Coral Gables, Aventura, Miami Beach, North Miami Beach, Bal Harbour, Sunny Isles, Bay Harbor Islands, Biscayne Park, Doral, Key Biscayne, Miami Shores, Miami Lakes, Miami Springs, North Bay Village, Surfside, and Miami.
by Dana Pechersky