What is the difference between a Jacksonville domestic violence restraining order and an injunction for protection against domestic violence? A Jacksonville domestic violence restraining order and a Florida injunction for protection against domestic violence are the same thing. If you are a victim of Jacksonville domestic battery or domestic violence, you can petition the court for a Florida domestic violence injunction or restraining order under Florida Statute 741.30. This Florida domestic violence law gives you the right to ask the Duval County, Clay County, or St. Johns County Court for protection from any future domestic violence.
As a Jacksonville domestic violence lawyer, I have helped domestic battery victims apply for a restraining order in Jacksonville. I have also have people accused of domestic violence fight against a Jacksonville injunction. In order to get a Florida domestic violence restraining order, you need to make sure that you are the victim of domestic violence in Jacksonville. It is not enough to have a fear that you may become the victim of domestic violence in Jacksonville. When you are petitioning the St. Johns, Duval, or Clay County court for an injunction for protection against domestic violence, you are required to write a brief description of the latest act of violence or threat of violence that causes you to honestly fear imminent domestic violence by the respondent. You will need to allege the domestic violence or domestic battery that has occurred in your request for a Jacksonville restraining order. One act of domestic violence in Jacksonville is enough to get a Florida restraining order, but you must be in fear that the domestic violence will happen again.
When you file for a Jacksonville domestic violence restraining order, your Jacksonville domestic violence lawyer will tell you that filing for a Florida domestic battery injunction or a petition for an injunction against repeat violence is very serious. You cannot file for a restraining order in Florida unless you honestly believe that you are in imminent or immediate danger of further domestic violence and your need protection. It is a good idea to talk to a Jacksonville domestic violence attorney about your situation. A Jacksonville domestic battery lawyer can help you petition the Duval County court in order to get a Florida domestic violence injunction order issued. A Jacksonville domestic battery lawyer will make sure that you give the Duval, St. Johns, or Clay County judge all the information that he or she needs in order to finalize the Florida domestic violence injunction.
After you apply for an injunction against domestic violence in Jacksonville, the judge will read your petition for injunction may give you a temporary domestic violence injunction in Florida. This Jacksonville temporary restraining order will remain valid until you have a hearing about the restraining order. At the Florida domestic violence injunction hearing, the judge will listen to the petitioner (the person that wants the Jacksonville restraining order) and the respondent (the person that opposes the Jacksonville restraining order). The judge presiding over the Florida domestic violence injunction hearing will also hear from other witnesses and look at all the evidence in the Jacksonville domestic violence case. The Florida judge will want to know about any domestic battery that has occurred between the respondent and petitioner. After the Florida judge listens to all the evidence in support of or against the Jacksonville domestic violence restraining order, he or she will decide whether or not a restraining order should be issued in Jacksonville. The Florida judge will also decide if the restraining order will last for one or two years or be indefinite (the Jacksonville restraining order will remain valid until one of the parties move to dissolve the Florida injunction for protection against domestic violence). If the respondent does not follow the Florida restraining order and makes contact with the Jacksonville domestic violence victim, the respondent can be arrested for Jacksonville violation of an injunction. That is one of the reasons it is important to defend against a restraining order in Jacksonville if you are falsely accused of Jacksonville domestic battery. You should discuss your case with a Jacksonville criminal defense lawyer.
If you need to talk to a lawyer in Jacksonville about a restraining order or a Jacksonville family lawyer, contact a Florida attorney at 20 Miles Law. Whether you are a victim of domestic battery or need to fight a Florida injunction, call a lawyer in Jacksonville.