Attorney Scott Stadler Protects Your Rights in Divorce & Family Law Cases
Coral Springs Divorce Attorney Scott Stadler
1750 University Drive
Suite 202
Coral Springs, FL 33071
ph: (954) 346-6464
scott
What Is Domestic Violence? Under the provisions of Florida Statute 741.28, domestic violence means 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. This includes acts such as:
Physical Abuse -- Pushing, slapping, kicking, punching, choking, and beating.
Emotional/Verbal Abuse -- Threats, verbal intimidation, following and stalking, or acting out in anger.
Sexual Abuse -- Any unwanted touching or forcing of someone to engage in a sexual act against his/her will.
Are You A Victim Of Domestic Violence? IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, or if you have reasonable cause to believe you are in imminent danger of becoming the victim of any act of domestic violence, you have the right to request that an INJUNCTION FOR PROTECTION FROM DOMESTIC VIOLENCE be issued. The Clerk of the Court is required to assist you in seeking both injunctions for protection against domestic violence and enforcement for a violation of an injunction.
As stated in Florida Statute 741.29(1)(b): If you are the victim of domestic violence, you may ask the State Attorney to file a criminal complaint. You also have the right to go to court and file a petition requesting an injunction for protection from domestic violence which may include, but need not be limited to: provisions which restrain the abuser from further acts of abuse; directing the abuser to leave your household; preventing the abuser from entering your residence, school, business, or place of employment.
For safety reasons, you may furnish your address to the court in a separate confidential filing when filing the petition for injunction. After you have completed the paperwork, the court may determine that danger of domestic violence exists. The court may order a temporary injunction, which is good for 15 days. Then a full hearing is held to consider your safety and the safety of your children.
The abuser must be served with the injunction before it becomes effective. This hearing will be within 15 days unless the abuser can not be served.
It is important for you to attend the hearing so that you can make sure the judge understands exactly what help you need and why. If you do not attend, the judge will dismiss the injunction. After the hearing, a final injunction may be granted. The final injunction is valid until dissolved or amended by the court.
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(954) 346-6464
Keep a copy of your injunction with you at all times. If the abuser violates the conditions of an injunction, call the police right away. The abuser may be arrested. If the abuser is arrested, he/she will be held until the court determines bail.
IF THE INJUNCTION HAS BEEN VIOLATED, BUT NO ARREST HAS BEEN MADE, report the violation to the Clerk's Office where you filed your injunction papers. The Clerk's Office will help you file your petition for enforcement for the violation. The judge will determine what action should be taken for your safety and the safety of your children. IF YOU HAVE AN OUT OF STATE COURT ORDER FOR PROTECTION AGAINST DOMESTIC VIOLENCE, federal and state law provide that law enforcement recognize and act on the order as if issued by a Florida court. This includes orders issued by courts from the District of Columbia, Indian tribes, commonwealth territory, or possessions of the United States.
Florida Divorce Attorney
Scott Stadler
1750 University Drive
Suite 202
Coral Springs, FL 33071
Tel: (954) 346-6464
FREE CONSULTATION
SAT. AND EVENING APPOINTMENTS AVAILABLE
email: scott@unhappymarriage.info
Coral Springs Divorce Attorney Scott Stadler
1750 University Drive
Suite 202
Coral Springs, FL 33071
ph: (954) 346-6464
scott