TAMPA DOMESTIC VIOLENCE INJUNCTION LAWYER
Tampa Domestic Violence Injunction (DVI) lawyer Kevin A. Fuller represents clients seeking a DVI or those seeking to defend against a DVI.
TYPES OF FLORIDA DOMESTIC VIOLENCE INJUNCTIONS
There are five types of Domestic Violence Injunctions that a Petitioner can file in Florida: 1) Domestic Violence, 2) Sexual Violence. The Petitioner must file a police report and cooperate fully with the investigation, 3) Dating Violence. The parties must have been dating in an affectionate relationship within the past 6 months, 4) Repeat Violence. The Petitioner must allege 2 incidents of violence within the past 6 months, and 5) Stalking. The Petitioner must show at least 2 incidents of stalking or cyberstalking.
The court may grant the DVI if the Petitioner establishes that the Respondent is either a household member, family member, boyfriend/girlfriend or the parties have a minor child together.
A Petitioner files one of the injunctions described above seeking protection from abuse or violence. In the appropriate Domestic Violence Injunction (DVI), the Petitioner must allege that the Respondent committed an act of violence, threat of violence, or stalking. It is the Petitioner’s burden to show that he or she was the victim of violence. Once the court receives the DVI, the judge can issue an ex-parte Temporary Injunction, pending the full hearing. If the court issues a Temporary Injunction, it shall remain effective for 15 days. To issue an ex-parte Temporary Injunction, it must appear to the judge that an immediate and present danger of domestic violence exists. The Petitioner can file a DVI on behalf of minor children.
THE DVI HEARING
The hearing is a bench trial. Both parties will present witnesses and evidence (photographs, police reports, hospital records, etc.) in support of their position. Both parties will be subject to cross-examination by the opposing lawyer, or the other party if they do not have a lawyer. It may not be in the Respondent’s best interest to testify at the hearing. The State Attorney’s office can use your testimony against you to support a criminal charge of Domestic Violence Battery. It is sometimes in the Respondent’s best interests to remain
silent.
Based on the testimony and evidence, the Judge will either grant or deny the Domestic Violence Injunction.
CONDITIONS OF A DVI
The Respondent must abide by the terms and conditions of a granted DVI. Standard terms and conditions require:
1. NO contact (direct or indirect) with the Petitioner and commit no acts of violence; and
2. Remain at least 100 feet from the Petitioner; and
3. Surrender all firearms and ammunition; and
4. If the parties share a residence the Respondent must leave; and
5. Awarding temporary custody and child support to the Petitioner; and
6. Do not visit any place where the Petitioner frequents.
The judge can order additional terms and conditions, such as requiring the Respondent to attend a Batterer’s Intervention Program (BIP). If you violate the terms and conditions of the DVI, you will be arrested and charged with violating the Domestic Violence Injunction.
HOW LONG DOES A DVI LAST
Unless the DVI specifically states a specific time frame, the DVI will remain in existence until the court modifies it. Usually, if the Respondent complies with the terms of the DVI, he or she can file a motion to modify or dissolve the injunction at the end of its expiration date.
WHAT IS DOMESTIC VIOLENCE BATTERY
Domestic violence is an assault, battery, stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
Domestic Violence Battery is usually charged as a 1st-degree misdemeanor, but it can be charged as a felony. If you strangle a family or household member, cause great bodily harm or use a weapon, you can be charged with a felony.
WHAT IS THE PENALTY FOR DOMESTIC VIOLENCE BATTERY
A domestic violence battery is either a misdemeanor or a felony. Your charge will depend on the facts of your case. A misdemeanor charge can carry a maximum sentence of 1 year in jail, probation, anger management course, restitution for any injuries, and court costs. A felony conviction is punishable by more than one year in prison.
If you want strong, experienced counsel to represent your interests, please feel free to call or e-mail The Fuller Firm, LLC. Kevin A. Fuller will schedule a free phone or videoconference consultation. After a thorough case analysis, I will answer your questions and advise you regarding the best way to proceed.