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Domestic Violence

Domestic Violence: Help for Abusive Relationships

Domestic abuse is a pattern of behavior toward a family or household member used to control or intimidate. Acts of domestic violence jeopardize families, with the potential for life-changing injuries, even death. Florida offers legal options through the criminal and civil court systems for preventing and prosecuting domestic violence incidents. Those who believe they are in imminent danger can request an injunction for protection against domestic violence, also known as a restraining order, through the Florida family court system.

Get the Help You Need

If you are in an abusive relationship, in imminent danger, or have been wrongly accused of domestic violence, immediately contact an experienced family law attorney. Attorney Kathleen Davies can help secure a domestic violence injunction, file civil claims for damages, or fight to clear your name if you are wrongly accused. As a former prosecutor, she has extensive courtroom experience and insight into both sides of the law. She understands the entire court process and uses this knowledge to strengthen your case. 

Types of Domestic Violence are:

  • Physical Abuse
  • Mental Abuse
  • Sexual Assault
  • Stalking
  • Kidnapping
  • False Imprisonment
  • Child Abuse
  • Wrongful Death

Who can File a Petition for an Injunction?

A family or household member may seek an injunction against domestic violence. Florida Statute 741.28 defines a family or household member as a spouse, former spouse, persons related by blood or marriage, persons presently living together as a family, those who have lived together in the past as a family, and persons with a child in common.

The Davies Law Firm, LLC takes domestic violence accusations very seriously. Our legal team takes immediate action to protect our clients and their rights. We will assist you in petitioning the court for an injunction for protection against the offending party.

Temporary and Permanent Injunctions

A temporary injunction is a court order that provides immediate protection from an abuser. When an alleged victim files a petition, a judge decides if there is immediate danger. If so, the judge will grant a temporary injunction. The decision is based solely on the information in the petition. This injunction takes effect as soon as the alleged abuser is served with the order and generally stays in effect no longer than fifteen days. During that time, a hearing is scheduled with the petitioner and alleged abuser present to state or defend their case. A judge may order a final injunction with a set time or no expiration date. 

 An accused subject of an injunction must be careful to abide by the court’s directive. Even minor violations can result in an immediate arrest and form the basis of a new criminal charge that is punishable by time in jail. Only the court can lift or modify an injunction against domestic violence order.

Fighting False Allegations of Domestic Violence

Unfortunately, some accusations of domestic violence prove to be unfounded. A spouse may believe they can gain an advantage in a child custody dispute or another aspect of divorce by falsely accusing the other spouse of violence. False allegations of sexual assault can occur for personal gain in a civil lawsuit. 

If you are the victim of false allegations of family violence, it is imperative to defend yourself aggressively against the claims. The legal team at The Davies Law Firm, LLC, will fight to clear your name, protect your parental rights, and challenge the civil actions of alleged victims seeking compensation.

You Have the Right to Seek Damages in a Civil Action

You may seek justice from an abuser for physical injuries and other damages resulting from domestic violence. These are personal injury lawsuits, and a victim can seek compensation for medical bills, lost wages, pain and suffering, and punitive damages. Many times, a divorce proceeding is triggered after a domestic violence incident. A criminal conviction for domestic violence can mean harsh consequences for the abuser in child custody matters.

Call for a Free Consultation

The Davies Law Firm, LLC, is adept in Family and Personal Injury Law. Attorney Kathleen Davies has had additional training in counseling victims of domestic violence. She is known to be very protective of her clients. 

Whether you are a domestic violence victim, feel threatened by your spouse, or have been wrongly accused of committing family violence, our domestic violence lawyer can help. Let us review your situation, explain your rights, and create effective solutions for your situation. 

The Davies Law Firm, LLC, is located in Cocoa, Florida. We represent clients in Orange, Brevard, Osceola, and Seminole Counties. Call 855-688-4713 or email us to schedule an appointment with an experienced Florida Family Law and Personal Injury Attorney who cares.

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