A “Reasonable Fear” Of “Imminent Harm” in Domestic Violence Cases

The Florida legislature has passed many different laws in order to protect alleged victims of domestic violence, including the granting of injunctions (also called restraining orders) against alleged abusers. Many people think it is easy to obtain a domestic violence injunction (DVI), while in reality, the petitioner must demonstrate that the situation is serious enough to warrant such a step. If you have a person seeking a DVI against you, they must establish an “objectively reasonable” fear of future violence before any consequences may attach to you.

Harm Must Be “Imminent”

Florida law recognizes several different types of injunctions, with similar requirements to obtain them. In order to obtain a domestic violence injunction, the relevant statute holds that a person must be able to show either a past history of domestic violence, or has “reasonable cause” to believe that they are in “imminent danger” of becoming a victim of domestic violence, in order to meet the burden of proof required for a restraining order.

The key words in this phrase are “reasonable” and “imminent.” While the definitions for both of these words can be context dependent, it is often easier to show what is unreasonable or remote. For example, a person may make a threat against their spouse in January. If the spouse files for a DVI in December of that year, and the person has made no other threats, the January threat will not be sufficient to warrant the injunction – enough time has passed where the person could have carried it out, yet they did not.

Protect Your Rights

If you have been involved in a domestic dispute, the idea of your alleged victim taking out a DVI against you can be very intimidating. A DVI can strip certain rights, either permanently or temporarily, from a person in Florida – most notably the right to own firearms or ammunition – and can sometimes require you to vacate the home you share with the victim. It can feel tempting to simply try and call the person and try to work things out.

In reality, the best way to protect your rights is to contest the injunction, which you have the right to do. A victim of a domestic violence crime may be afraid – but unless a similarly situated reasonable person would feel the same, their fear may not be sufficient to warrant consequences against you. The right attorney can help to ensure your rights are protected during a DVI hearing, and in criminal court.

Contact A West Palm Beach Domestic Violence Attorney

Being charged with a domestic violence-related crime can be frightening, and having a DVI issued against you can feel just as insurmountable. A West Palm Beach criminal defense attorney from the firm of Perlet & Shiner, P.A. will help to guide you through the legal process. Contact our office today at (561) 721-0552 to speak to an attorney.

Source:

flcourts.gov/Resources-Services/Office-of-Family-Courts/Family-Court-in-Florida/Domestic-Violence/Overview-for-Petitioners