Jacksonville Divorce Attorney BlogAs a domestic violence attorney in Florida, I represent both people who wish to obtain and injunction against domestic violence and those who have had a restraining order in Florida filed against them. The end result if the injunction in Florida is issued is that the person against whom the injunction or restraining order is issued cannot keep a gun or weapon. The gun ban is only valid in Florida for the term of the injunction in Florida. However, federal law restricts a person’s right to own a gun if a person has an injunction against them AND meets certain other requirements. Please call a Jacksonville domestic violence lawyer at 904-685-1200 for advice on getting your gun rights restored in Florida or to obtain or defend against a domestic violence injunction in Florida.
Articles Posted in Domestic Violence
Can I Get Child Custody In Florida If I File For A Restraining Order In Florida?
My work as a Jacksonville child custody lawyer has shown me that if there is domestic violence in the home, an injunction in Florida, a.k.a. a restraining order in Florida, is often necessary especially if children are present in the home. If the children have seen the violence happen then most likely the court will grant the non-offending parent temporary child custody in Jacksonville through the restraining order. If you have been a victim of domestic violence in Florida and are seeking child custody in Florida through an injunction in Jacksonville, Florida, please call me at 904-685-1200 for help in obtaining both the injunction and the custody of your child.
Injunction for Domestic Violence in Florida: What’s Your Function?
Just about anyone can obtain a temporary injunction in Jacksonville, Florida for just about anything. However, there are specific criteria that must be met before a court can enter a permanent injunction against domestic violence in Florida. Section 741.30 of the Florida Statutes lays out exactly what must be argued to have a temporary injunction entered as a permanent injunction for domestic violence in Jacksonville, Florida. The statute says that the petitioner must have been a victim of domestic violence OR has reasonable cause to believe that he or she is in imminent danger of becoming the victim of any act of domestic violence.
There are specific consequences of a temporary injunction being made permanent. If the petition is granted the respondent could be required to complete a 26 week Batterers’ Intervention Program (and pay for it) if (a) the respondent has willfully violated the temporary injunction or (2) has ever been found guilty of a crime involving violence (batteries) or a threat of violence (assaults).
Please contact our office at 904-685-1200 if you need assistance in getting an injunction against domestic violence in Florida entered or if you need assistance in defending against allegations made against you in an injunction for domestic violence petition.