Domestic violence is a pattern of behavior used by one person to exert power and control over another within a relationship. It can involve current or former spouses, domestic partners, individuals related by blood or marriage, those living together, or parents who share a child. This abuse may take physical, sexual, emotional, economic, or psychological forms and is often intended to intimidate, harm, or manipulate. Allegations of domestic violence are treated as criminal matters, and a conviction can result in severe penalties.
Under Florida law, domestic violence is defined as:
“any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.”
Domestic violence injunctions, commonly referred to as restraining orders, provide legal protection for victims. The attorneys at Boudreau Law Firm offer compassionate and knowledgeable representation for individuals facing these situations. They understand the complexities often involved, including issues related to substance abuse, and are committed to protecting both clients and their children. Attorneys Gayle Boudreau and Robert A. Sandow have extensive experience handling both temporary and final injunctions.
To seek protection, a victim must file a petition with the court detailing the alleged abuse and the need for an injunction. A judge will review the petition and, if there is evidence of immediate danger, may issue a temporary injunction until a formal hearing takes place. This temporary order is intended to provide immediate protection. The alleged abuser is then served with the petition, notice of hearing, and any temporary injunction issued.
At the hearing, both parties have the opportunity to present testimony, witnesses, and evidence such as photographs, communication records, or other relevant documentation. If the judge determines that the petitioner is at risk, a final injunction may be granted. This order may be temporary or indefinite and can later be modified or dissolved by the court if circumstances change.
A domestic violence injunction may require the accused individual to:
False allegations of domestic violence can arise, particularly during divorce or custody disputes. If you have been wrongfully accused, it is critical to obtain experienced legal representation. A conviction can lead to serious consequences, including incarceration, financial penalties, loss of custody rights, and long-term effects on both your personal and professional life.
Domestic violence impacts individuals across all backgrounds and communities. Boudreau Law Firm is dedicated to advocating for clients in injunction proceedings and related family law matters. When domestic violence is involved in a marriage, the firm can also assist with divorce and related issues such as custody, child support, alimony, division of assets, and parenting plans.
Our office is located in Lake City, and we represent clients throughout Florida’s Third Judicial Circuit. Call 386-961-8001 to schedule a consultation during office hours, Monday through Thursday from 9 a.m. to 5 p.m., and speak with an experienced family law attorney.