Domestic Violence
If you feel unsafe in your home or relationship, Florida’s domestic violence laws can provide protection. On the other hand, if you are being accused of domestic violence, the consequences can be severe and life-altering.
At Scully | Torres, our Florida domestic violence attorneys represent both petitioners seeking protection and individuals who have been accused or charged. Whether you are trying to protect yourself and your child through a domestic violence injunction or need legal counsel to defend against allegations, we can help.
What Is Considered Domestic Violence in Florida?
Florida law defines domestic violence broadly. Domestic violence includes any assault, battery, sexual assault, stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death, committed by one family or household member against another.
“Family or household members” include:
- Spouses and former spouses
- Individuals related by blood or marriage
- People currently or formerly living together as a family
- Co-parents, regardless of marital status
What Can a Domestic Violence Injunction Do?
A domestic violence injunction, also known as a “restraining order, is a court order that restricts the accused party’s actions to protect the petitioner. Florida law allows victims of domestic violence or those in imminent danger of becoming victims to petition for an injunction.
A domestic violence injunction may:
- Order the accused to have no contact with the petitioner or children
- Grant temporary exclusive use of the shared residence
- Award temporary custody of minor children
- Require the accused to surrender firearms
- Mandate participation in a batterers’ intervention program
These orders can be issued temporarily (ex parte) and later finalized at a full hearing with both parties present.
Petitioning for a Domestic Violence Injunction
Petitioners must file a sworn petition detailing the incidents of abuse or threats. Judges review these petitions quickly and may grant a temporary injunction the same day if there’s evidence of immediate danger.
A final hearing is scheduled within 15 days, where both parties present evidence. At this hearing, the judge decides whether to issue a final domestic violence injunction, which may remain in effect indefinitely or for a set period.
If you are considering filing, our domestic violence lawyer in Florida can guide you through the process, help draft your petition, and represent you in court to ensure your rights and safety are protected.
Legal Defenses Against Domestic Violence
Being accused of domestic violence can lead to swift legal and social consequences, even before a hearing is held. Accusations alone may result in removal from your home, restricted access to your children, and damage to your reputation.
Defendants have the right to:
- Receive notice of the petition
- Attend the final injunction hearing
- Present evidence and call witnesses
- Cross-examine the petitioner’s claims
In some cases, injunctions are misused in custody disputes or as retaliation.
Book a Consultation with Scully | Torres Today
At Scully | Torres, our domestic violence attorneys understand the personal and legal challenges involved in domestic violence cases – whether you are the petitioner or the respondent. Our goal is to protect what matters most: your safety, your rights, and your future. Contact us today for a consultation and let us help you get started.
