Domestic Violence Injunctions

NO EXCUSE


Domestic Violence in Florida is taken very seriously by the courts who issue domestic violence injunctions. There is nothing more troubling in a marriage than the occurrence of domestic violence. There is absolutely NO EXCUSE for domestic violence but its prevalence is large nonetheless. When domestic violence occurs an an injunction may be out in place preventing contact between the parties. When the injunction specifically states “no contact” the court requires no contact. This means NO calls, no texts, no e-mails, no social website messages, no letters, no smoke signals among many other things.


When a domestic violence temporary injunction is ordered the injunction will last roughly two weeks. At the end of the two weeks, the court will hear testimony from the two parties in the injunction to determine if the injunction should be extended. Both parties enter the courtroom separately, having no contact with each other prior to the injunction hearing. At that time the parties tell their sides of the story, present witnesses if any, and the court will decide to extend or dismiss the domestic violence injunction.


When the court makes its decision, it will consider some of the following factors:

  • Whether the respondent has destroyed personal property, including, but not limited to, telephones or other communications equipment, clothing, or other items belonging to the petitioner.
  • The history between the petitioner and the respondent, including threats, harassment, stalking, and physical abuse.
  • Whether the respondent has attempted to harm the petitioner or family members or individuals closely associated with the petitioner.
  • Whether the respondent has a criminal history involving violence or the threat of violence. [Fla Stat §741.30(6)(b).]


There are many things to considered after the domestic violence injunction is entered. If the parties are married, it is strongly recommend that you file for divorce as soon as you can. The thought of divorce scares many but even scarier is the prospect of staying in a marriage where violence exists. No one deserves to be in a violent relationship! Do yourself a favor and call a divorce lawyer quickly. Whether your call John Kovarik of Kovarik law or some other experienced divorce attorney, just call them to get the divorce process underway. We prefer you to be safe and happy!


If you have ANY questions regarding domestic violence injunctions or divorce, do not hesitate to contact experienced attorney John Kovarik of Kovarik Law. He will personally discuss your issues with you.

image4

Emergency Motions

Palm Beach County divorce lawyer John Kovarik discusses emergency motions.