Daytona Beach Family Law Attorneys Serving Volusia County FL

Choose a local Daytona Beach Family Law Attorney, Lawyer, or Law Firm to represent your legal rights in Daytona Beach, Orange City, DeLand, Port Orange, Volusia County and Central Florida.

General Family Law Information

Topic: Divorce and Family Law Related Domestic Injunctions

When a marriage deteriorates or is ending, or in relationships of unmarried partners, situations may come up where tempers flair or the personality and/or actions of one or both parties pose a perceived physical threat to the other.

Many individuals are subjected to forms of domestic violence by their spouse, someone they are currently involved with, or have previously broken off a relationship with. Domestic violence may be considered to be of a physical, sexual, or mental nature. The perceived threat may be against you, your children, immediate family members, or you current significant other.

A Domestic Injunction is a Protective Court Order, commonly referred to as a "Restraining Order", which documents the previous harmful actions of the aggressor, threats made by the aggressor, or other perceived danger from another. A Domestic Injunction may stipulate the restrictions of the aggressor and the limitations of contact with the protected parties, so ordered by the court relating to physical, verbal, or electronic means of contact.

In the State of Florida, basic elements necessary for a domestic violence injunction or order of protection include:

  • Must be between family or household members, even if the aggressor no longer resides in the household;
  • The Petitioner must have been the victim of domestic violence or is in fear of an imminent attack;
  • The sworn petition must allege the existence of domestic violence with supporting facts;
  • Jurisdiction is where the Petitioner currently resides, temporarily resides; where Respondent resides, and where domestic violence occurred.

If the aggressor violates the limitations of a Domestic Injunction Protective Court Order, he or she may be charged with a criminal offense. If the individual whom the Domestic Injunction was granted to protect intentionally contacts the other party in a manor which causes the other to be in violation of the domestic order, the domestic injunction protective court order may be voided. If voided for this reason, obtaining future domestic injunctions against the same aggressor may be extremely difficult.

When a temporary domestic injunction is granted, the order is valid for 15 days, proving time for a hearing to be scheduled and conducted to determine if the protective order should be extended for a specific period of time, indefinitely ordered, or to allow the temporary domestic injunction to expire.

Protect your rights. Contact an experienced Family Law Attorney today!

Daytona Beach Family Law Attorneys Serving:

Volusia County Florida, including: Daytona Beach, Orange City, DeLand, Port Orange, Daytona Beach Shores, DeBary, Deltona, Edgewater, Flagler Beach, Holly Hill, Lake Helen, New Smyrna Beach, Oak Hill, Ormond Beach, Pierson, Ponce Inlet, South Daytona, De Loen Springs, DeLand Southwest, Glencoe, North Deland, Ormond-By-The-Sea, Samsula-Spruce Creak, Seville, West DeLand.

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