Injunctions against Domestic Violence
In many cases, victims are encouraged to seek a Restraining Order or Domestic Violence Injunction. If an injunction is sought, the petitioner files a sworn affidavit with the clerk's office alleging prior violent behavior and fear of future violence. If a temporary injunction is issued, the sheriff's department will serve a copy of the temporary injunction upon the respondent notifying him of the conditions as well as a court date to appear before a judge.
The judge has the power to place life-altering conditions upon the respondent, which can last for one year or more. These conditions include:
- Not returning to the residence
- Not having contact with the alleged victim
- Altering visitation of shared children
- Altering child support/alimony
- Prohibit being to a particular area
- Surrender all firearms
- Other conditions
If you are accused of violating any of the conditions in place in an injunction, you could face criminal prosecution, which includes up to one year in jail. Recent Court Wins
My firm focuses on preventing its clients from suffering any of the embarrassing and inconvenient conditions often associated with domestic violence injunctions or restraining orders. Specifically, our efforts are concentrated on preventing the imposition of the injunction altogether. Some of the areas of focus include:
- Were there any independent witnesses that contradict the victim
- Has the alleged victim changed their mind about the injunction
- Is there independent evidence of the victim's bad character
- Utilize the rules of court to maintain impartiality, i.e., let the alleged victim prove her own case
Remember, if you are found guilty of violating the terms and conditions of a domestic violence injunction, this charge will remain on your criminal record for your lifetime. It is important to consult with an attorney with experience in representing clients in this area to best represent and preserve your individual rights. Contact th law firm of N. Fleetwood Tilden, P.A. today.
N. Fleetwood Tilden, P.A.
Attorney at Law
147 East Lyman Avenue
Winter Park, FL 32789
Local: (407) 599-1234
Toll Free: (877) 388-9595
Fax: (407) 599-1235
E-Mail: ftnftlaw@embarqmail.com
