Can I Fight A Florida Domestic Violence Injunction?
If you have been involved in a domestic dispute in Florida, your alleged victim may feel it appropriate to obtain a restraining order (known in Florida as a domestic violence injunction, or DVI) against you. While a temporary or ex parte order can be obtained without your knowledge or consent, a permanent order cannot be granted until you have had the chance to tell your side of the story at a hearing. It is not truly possible to ‘overturn’ or ‘fight’ a DVI, but there are things you can do to make yourself appear in the best possible light in court.
When/How Are DV Injunctions Granted?
Domestic violence injunctions are available to people who have either been victims of domestic violence, or have a reasonable, good-faith belief that they will soon become a victim. Because the state has a compelling interest in trying to ensure the safety of its citizens, injunctions are granted upon the right evidentiary showing – though contrary to popular belief, many petitions for DVIs are rejected, regardless of the gender of the victim or the alleged offender.
If your alleged victim believes that they are in “immediate and present danger” of becoming a victim of domestic violence, they are able, under Florida law, to obtain a temporary DVI without requiring your presence. If this does apply in your case, however, know that the temporary order will only last 15 days, after which a hearing must be held to determine whether or not a permanent order is necessary. If you are in this position, it is absolutely crucial to enlist the right legal help and prepare your case.
Take The Hearing Seriously
Far too many people do not treat DVI hearings seriously, believing that since there is not enough evidence to convict them of any crime, the injunction cannot be granted. It is pivotal that you be aware of the lower evidentiary standard in these hearings – in other words, it is not required to prove your guilt beyond a reasonable doubt, or in truth, to prove your actual guilt at all. Your alleged victim’s reasonable belief that they will be victimized again is sufficient at this stage of the legal process.
With the right legal help and evidence, you may be able to argue that a permanent DVI is not necessary in your case, but if the outcome goes against you, you must not violate the injunction, lest you find yourself charged with another offense on top of any other domestic violence charges you face already. If any communication between you and the petitioner is required, it is generally suggested to communicate via your attorney.
Contact A West Palm Beach Domestic Violence Defense Attorney
If you have been charged with a crime of domestic violence, you may also wind up having a DVI issued against you. While there is no way to overturn the injunction at the moment, it is a good idea to comply and show your respect for the legal process. A West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. can help protect your rights. Contact our office today at (561) 721-0552 to speak to an attorney.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.30.html
