An unfortunate truth is that many divorces are the result of domestic violence. Domestic violence is defined as violence (assault, battery, sexual assault, rape, etc.) which occurs in a domestic setting.
You must show that you have a reasonable belief that you are in imminent fear of becoming a victim of domestic violence to obtain an Order of Protection (Restraining Order).
After requesting an Order of Protection, the Court will typically schedule a hearing within 10-14 days. At the hearing, the party requesting the Order of Protection will have to prove the allegation contained in the petition they filed requesting the Order of Protection.
If the initial allegations are sufficient, the Court will enter a Temporary Order of Protection which requires that there be no contact between the parties until the court hearing. A Temporary Order of Protection prohibits the alleged abusive party from being in contact with the filing party. This “no contact” provision prohibits any contact: physical contact, phone calls, emails, text messages – or any similar contact through a third party.
Although domestic violence is a serious problem, it can be improperly used by one party to gain an advantage in a divorce or paternity case. In these cases, a domestic violence lawyer in Jacksonville FL may be needed to show that the allegations, when viewed with other facts, do not meet the legal requirements for an Order of Protection.
Whether you need a domestic violence injunction and need to defend against one, you should strongly consider hiring an experienced domestic violence lawyer in Jacksonville FL.