Domestic Violence is a big problem that we sadly face too often in society today, however there is no reason to tolerate it. Our firm takes Domestic Violence and the safety of your family very seriously. We have a team of Family Law Attorneys that have years of experience dealing with such serious matters and have come up with a number of ways to protect and promote the safety and well-being of your family.
You do not need to face these life-impacting decisions alone.
Our skilled lawyers are here to help.
Types of Protective Injunctions
When seeking a Protective Injunction for your safety or the safety of a loved one, there are a number of options that may be pursued depending on the circumstances of the case. Filing the proper type of injunction is very important because the failure to do so will likely result in having a petition denied. Below are the types of Protective Injunctions that are available:
- Injunction for Protection Against Domestic Violence
- Injunction for Protection Against Stalking
- Injunction for Protection Against Sexual Violence
- Injunction for Protection Against Dating Violence
- Injunction for Protection Against Repeat Violence
In order to have a Protective Injunction granted by the Court, there must be clear evidence that the Petitioner has “reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence.” This can be a very difficult standard to meet. Often even threats of harm are not enough to overcome this high burden. The Court will consider a number of factors when deciding whether to grant an injunction or not, some of which include:
- The History of the Petitioner and Respondent- Including Threats, Harassment, Stalking and Physical Abuse
- Whether There Has Been a Threat to Kidnap, Conceal or Harm the Petitioner’s Children
- Whether There has been a Threat to Use Weapons Against the Petitioner
- Whether the Respondent has Attempted to Physically Retrain the Petitioner from Leaving the Home, or Calling Law Enforcement
- Whether the Respondent has a Criminal History Involving Violence
- Whether the Respondent has Destroyed Personal Property
Alternative Methods to Ensure Safety
In Family Law, there are multiple ways in which the Court can ensure safety of you and your family. Due to the high burden that is required to be met in order to have a Domestic Violence Injunction granted, there are additional strategies that may be utilized to ensure the safety of you or a loved one. Some of those include Stipulated No-Contact Orders, or Safety- Focused Parenting Plans.
No-Contact Orders
No Contact Orders can be entered into by both parties in the event that there is a concern of violence or harassment in the relationship. The order may set forth distancing provisions, provisions ordering appropriate communication methods, the duties of each parent to continue to provide financial support, as well as any other provisions the couple finds necessary to promote the safety of all family members.
Safety-Focused Parenting Plans
Where there has been violence or other types of harassment in a family, the Court has the authority to order a Safety-Focused Parenting Plan. These plans often award less visitation or Timesharing to the ‘unsafe’ parent, and often require that the Timesharing or visitation is supervised. The parties may agree, or the Court may order that the Timesharing take place in a public space, such as a park or other specific location. The plan will also designate an appropriate means of communication that the two parties should use, such as telephone calls, e-mail, text messages, or through a Court approved App, such as Talking Parents.
We understand that the safety of you and your family is your top priority. We also know that in many cases parties do not seek help in fear of the repercussions it may cause from an abuser. However, you are not in this alone. We have a team of compassionate, and highly experienced Family Law attorneys that will fight to help keep you and your family safe.
Call our Team of Tampa Family Law lawyers at Anton Garcia Law today at (813) 907-9807.
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