Melbourne Legal Counsel For Domestic Violence Injunctions
Florida law enforcement officials take domestic violence very seriously. Domestic violence can happen in any intimate or familial relationship, including between current or former spouses, boyfriends or girlfriends, parents, siblings and roommates. Physical injury is not required for an injunction or no-contact order to be issued against an alleged abuser. The actual or perceived threat of violence is enough. If there is evidence or reasonable fear of physical injury to a victim, the alleged abuser can have a domestic violence injunction entered against him or her.
Having a domestic violence injunction entered on your record can have as serious an impact on you as a criminal conviction. When employers, prospective landlords and others see these types of entries on your background check, you are automatically labeled as a violent person, whether or not you actually committed a violent act. Having a strong Melbourne domestic violence attorney representing you in these matters is essential.
Fighting To Protect Your Rights
At the law office of Shawn Reid, we provide strong defense representation to people who have been accused of spousal abuse or domestic violence. Mr. Reid is a former prosecutor who understands these cases from all sides. In domestic violence injunction cases, alleged abusers do not receive a trial by a jury. It is a hearing before a judge, so your fate lies in the hands of one person. Mr. Reid presents the strongest possible argument to beat the injunction and works to minimize its impact.
Representation For Victims Of Domestic Violence
If you have been a victim of domestic violence, we can help you get the protection you need. From obtaining the necessary protective orders to securing temporary orders for support, custody and other considerations, we are prepared to assist you at every step of the process.
The Injunction Process In Brevard County: Step By Step
Understanding what to expect before you walk into court makes a real difference in how your case is presented. Here is how the process works in Florida:
- Filing the petition: The petitioner files a verified petition at no cost, including specific facts about the alleged violence or threats, the parties’ relationship and any children involved.
- Temporary injunction consideration: A judge reviews the petition the same day. If immediate danger is found, a temporary injunction can be issued without notifying the respondent first.
- Service of process: Law enforcement serves the respondent, often within 24 hours of the order being issued.
- Hearing scheduling: A full hearing is typically set within 15 days, extended if service has not been completed.
- Evidence and witness expectations: Both sides present evidence, call witnesses and make arguments. The standard is not beyond a reasonable doubt but requires competent and substantial evidence.
- The judge’s decision: A final injunction can prohibit contact, require the respondent to vacate a shared home, restrict access to children and require surrender of firearms and ammunition.
The hearing is the only opportunity both sides have to put their full case before the judge, which is why preparation matters.
What Happens At A Domestic Violence Injunction Hearing
These hearings are decided by a judge, not a jury. The judge weighs the credibility of both parties, the history of the relationship and whether the evidence supports a reasonable fear of violence. Common evidence includes text messages, call records, photographs, witness testimony and prior police reports. Mr. Reid has handled these hearings on both sides of the courtroom and knows what Brevard County judges focus on when evaluating these cases.
Consequences Of Violating A Domestic Violence Injunction
Violating a domestic violence injunction in Florida is a first-degree misdemeanor carrying up to one year in jail, one year of probation and a $1,000 fine per violation. Multiple violations mean multiple separate charges, and the conduct behind each violation can bring additional criminal charges. A final injunction also prohibits firearm and ammunition possession under state and federal law, can affect employment and professional licensing and is enforceable in all 50 states.
Speak To A Brevard County Domestic Violence Injunctions Attorney
Contact our office today to discuss your domestic violence case with a lawyer. We offer a free initial consultation to every new client. We are available during regular business hours and in the evening by appointment only. You can reach us by phone at 321-426-1840, or via email. For your convenience, we offer payment plans for our clients who need them.