The Increasing Rate Of Domestic Violence
The Duval County Domestic Violence Intervention Project’s annual report shows another annual increase in domestic violence related homicides — the highest level since 2008. Alarmingly, the number of domestic violence deaths in Jacksonville increased 25% between 2020 and 2021. You should immediately consult with a domestic violence lawyer if you are a victim of domestic violence.
The 2021 report is the most recent year for which data is available. Eighteen (18) people died from domestic violence in 2021, twelve (12) of those by intimate partners. Family disputes count as domestic violence cases.
Examples of Domestic Violence Under Florida Law
Domestic violence applies to different scenarios. Violence between spouses, co-parents and dating partners can constitute “domestic violence” under Florida law. There is a separate cause of action for dating violence, If you have concerns about violence you should consult with a domestic violence lawyer before you attempt to seek any type of relief.
Another common situation occurs when parents separate or dissolve their marriage, and one of the parents remarries or becomes involved in a romantic relationship. Often times that new partner may not have the parenting skills you expect for your child(ren). In extreme cases, the new partner may even take it upon themself to administer corporal punishment. If so, either parent may file, on behalf of the child(ren), a petition for injunction for protection against domestic violence.
In the even that domestic violence occurs between unmarried co-parents and a court of law has not established the parents’ rights and obligations under Florida law, then we recommend that you consult with an attorney regarding establishment of paternity and/or establishment of parenting and timesharing. If you are a father to a child born out of wedlock then time is of the essence in order for you to pursue a claim of paternity with the Florida putative father registry.
Often times situations of violence arise between unmarried co-parents. The father of a child born out of wedlock must petition the court to establish his rights and obligations with respect to his child as soon as possible. Failure to petition the court to establish your father’s rights could compromise your rights as a father.
The Law That Governs
The law provides prompt protection for those confronted with violence. The law requires the court to set a hearing on a petition for injunction within ten (10) days. For this reason, you should consult with a domestic violence lawyer immediately.
Section 741.30 of the Florida Statutes basically states a person involved in a relationship with another person who is or has been the victim of domestic violence may file a petition for injunction. Some people refer to an injunction as a “restraining order.” Also, a person who has reasonable cause to believe they may become a victim of domestic violence may petition the court for an injunction for protection.
The statute provides a broad range of relief that may be available. The statute provides for various types of injunctive relief depending on the facts. Spouses, co-parents and those involved in dating relationships have standing to pursue an injunction for protection against domestic violence. However, the statute also provides for protection against repeat violence. Repeat violence applies to those involved in at least two separate incidents of violence within six months of filing a petition. For this reason, you should seek the advise of an experienced domestic violence lawyer prior to filing a petition.
For instance, two neighbors not involved in a domestic relationship become involved in physical confrontations. One neighbor assaulted the other twice in the past three months. The victim of these assaults is entitled to an injunction for protection against repeat violence, but is not entitled to an injunction for protection against domestic violence. The statute provides for other different forms of relief available for protection against stalking and dating violence. An experienced domestic violence lawyer can explain your rights in a given situation.
How To Protect Yourself
If you wish to pursue an injunction for protection against domestic violence, you need to visit the domestic violence clerk’s office in person so the clerk will assist you to file a petition. You should consult with an attorney prior to planning your visit to the clerk’s office. An experienced domestic violence lawyer will advise which petition to file. A domestic violence lawyer will also explain the burden or proof necessary for you to win.