Domestic violence is a considered severe crime in Florida and the state has allowed for a petitioner to seek an immediate restraining order against the alleged offender for the protection of domestic violence victims.
However, Broward County domestic violence lawyers argue that this remedy is often used as a tool by individuals illegally in order to manipulate the criminal justice system and use it as a weapon. Originally the basis for the filing of a restraining order was:
1. For domestic violence
2. For repeat violence, which is issued when the parties are not “family, or household members
3. For sexual violence
Domestic Violence Linked in with Cyberstalking
The statute has since been expanded explains Fort Lauderdale criminal attorney, such as in the new cyberstalking statute.
An injunction for violence can be filed by anyone who is a domestic violence victim or who has a reasonable fear of becoming the victim. If a person is stalked by a person in two distinct situations then he/she can file for the repeat violence injunction.
As an act of protection of victim, the abuser would be immediately required to stop such violence and/or harassment and also, where applicable, to leave the shared premises. There is also a provision of temporary custody, visitation, and child or spousal support.
Restraining Order Defense in Fort Lauderdale
Restraining orders can be tricky in that defending against them involves complex legal issues and generally leads to arguments related to child custody disputes, injunctions proceedings, mental health issues, spiteful family members, and pending divorces.
By Domestic Violence Attorney William R. Moore