An injunction may sound like a complicated legal term, yet it is really nothing more than a court order. Specifically, a domestic violence injunction is a court order directing someone to refrain from having contact with someone whom he or she has either physically assaulted or placed in fear of imminent threat of assault.
In a previous article on our website blog, we discussed how the threshold for obtaining a domestic violence injunction is relatively low. That’s primarily because few judges want to be on record as having denied granting an injunction in a case where a victim is later injured or killed by the person from whom he or she was seeking protection. Despite the low threshold, judges will still look at other evidence such as whether an accused abuser has made previous threats to the victim regarding harming or hiding their children. A court may also look to see if an accused abuser has demonstrated violence against a family pet.
Unfortunately, in the absence of obvious indications of domestic violence, a court must rely heavily on the truthfulness of the spouse seeking the domestic violence injunction. There are several reasons why some spouses take advantage of the relatively easy to obtain injunctions. Some spouses are simply trying to obtain some kind of leverage against their adverse spouse during divorce proceedings. Others may simply have distorted or false recollections of what actually happened due to mental illnesses or substance abuse problems.
For whatever reasons, you need to know that having a domestic violence injunction placed against you can prevent you from living in your own home or even visiting with your children. That’s why having a family law attorney represent you against domestic allegations may be beneficial in more ways than you might think. For example, you can be sanctioned for violating the “no contact” provisions of a domestic violence injunction even if you are found not guilty of the contributing assault or battery.
Based in Miami, our law firm provides experienced family law related legal advocacy for clients throughout the greater Miami-Dade Metropolitan area. Prospective clients should know that our law firm does not charge an initial consultation fee to clients seeking to learn more about their legal options. Se Hablamos Español.