Domestic Violence in Florida

Domestic violence is an intolerable, unacceptable situation which must be dealt with immediately. It is defined as acts or real threats of physical violence against a spouse, mate (heterosexual or gay), or other family members. Physical violence can include shoving, poking, slapping or restraining as well as the obvious acts of striking. Threats of physical violence have to be believable. Destruction of your personal property combined with these threats are very useful. Immediate relief is available through an emergency injunction one can apply for through the clerk of the court in the county you live in. You file out a petition by hand, with a sworn affidavit which includes with a statement that you are in fear of future violence. The judge will review the paperwork and hopefully, there is enough in your statement to issue an emergency temporary injunction keeping the offender away from you. If the two of you are living together, he may order the removal of that person from the house. A final hearing will be held within two weeks of the issuance of the first order. It is always best to have an experienced family law attorney to help you with the process. On the otherhand, abuse of this process does occassionally occur. It does not help you in a divorce case. And if you are a victim of false allegations, an attorney who knows how to mount a strong defense should be at your side. James S. Werter, Esquire Boca Raton, Florida

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