Experiencing domestic violence or being accused of domestic violence in Kissimmee, FL, can be incredibly overwhelming. Remember, you’re not alone in this difficult time.
Whether you need help with a domestic violence injunction (restraining order) or are seeking protection from domestic violence, we’re here to help you. Reach out to Lebron Law, PLLC for a free consultation at (321) 800-5195 with a Kissimmee domestic violence attorney dedicated to your well-being.
How Lebron Law, PLLC Can Help If A Domestic Violence Injunction Has Been Filed Against You
If you are dealing with domestic violence in Kissimmee, FL, one of the first things you need to do is speak to an experienced domestic violence lawyer.
Our team can help you by:
- Meeting with you and listening to the details of what happened to get a full understanding of the situation
- Ensuring that you know the conditions of any Domestic Violence Injunctions (also known as restraining orders in other jurisdictions) filed against you so you don’t unintentionally violate them
- Helping you file a domestic violence injunction against someone if needed
- Representing you in all domestic violence injunction hearings
For help with a domestic violence situation in Kissimmee, Florida, contact Lebron Law, PLLC to schedule a free consultation with a Kissimmee family law attorney.
Overview of Domestic Violence in Florida
When certain crimes are committed between family or household members in Florida, they become domestic violence crimes.
Some of the most common domestic violence crimes include:
Assault and Battery
Assault involves an intentional act that places another individual in reasonable fear of imminent harmful or offensive contact, causing fear for their safety.
Battery refers to the unlawful physical interaction with another person, which may involve causing actual harm or simply making unwanted contact. This charge does not require injury; unauthorized touching is enough.
If these crimes occur between a family or household member, they can be charged as domestic violence offenses.
Stalking Offenses
Stalking is a pattern of repeated, unwanted attention or contact that causes fear or concern for the safety of another individual. This behavior can include following, harassing, or threatening someone–in person, over the phone, or online–and when it occurs within a domestic context, it may qualify as a form of domestic violence under Florida law.
Kidnapping
Kidnapping can sometimes be charged alongside domestic violence when one person unlawfully holds another against their will with the intent to commit a felony, inflict bodily harm, or create terror.
Sexual Battery
Under Florida law, sexual battery is defined as any form of sexual penetration that occurs without the explicit consent of all parties involved. This act falls under domestic violence when it happens between individuals of the same household or family.
In Florida, the law specifically identifies these and other crimes when they are committed between household or family members. However, the statute also includes a broad “catch-all” provision that permits any criminal act to be classified as domestic violence if it occurs within a domestic context.
Defining Household or Family under Florida Domestic Violence Law
Under Florida law, the term “family or household” as it relates to domestic violence is outlined in Florida Statutes § 741.28. This definition includes a diverse range of relationships that can lead to domestic violence charges, including:
- Current or Former Spouses
- Blood Relatives
- In-Laws
- Cohabitants
- Former Cohabitants
- Parents Sharing a Child/child custody
- Unmarried Couples
Additionally, Florida law acknowledges “dating violence” according to Statutes § 784.046(1)(d). This applies to individuals engaged in a romantic relationship within the past six months.
Domestic Violence Injunctions in Florida
In Florida, a domestic violence injunction, also referred to as a restraining order or a protection order in other jurisdictions, is a court order issued by a civil court. It prohibits one person from contacting another in any way–whether in person, over the phone, or online. This order can also require the individual to maintain a specified distance from certain locations. This usually includes the protected person’s home or workplace.
Obtaining domestic violence injunctions is part of civil law and does not involve criminal charges on its own. However, violating this order can have serious consequences. It may lead to arrest and criminal charges.
If you’re facing domestic violence, it’s always a good idea to work with a domestic abuse attorney, but it’s also helpful to know what steps you need to take to get a domestic violence injunction. You’ll need to:
Gather Information
Before you can file for a domestic violence injunction in Florida, it is essential to gather all relevant information that supports your claim. This may include police reports detailing past incidents, medical records, and photos of injuries sustained due to the abuse. Witness statements from people who have seen the abusive behavior or are aware of your situation are also helpful.
Complete the Petition
Once you have all the necessary evidence collected, you’ll need to fill out a petition for an injunction for protection against domestic violence. You can obtain this form from your local courthouse or their website. In this petition, be specific about each instance of physical or emotional abuse. Make sure you include specific facts, such as dates and descriptions of events that demonstrate why you feel threatened or unsafe.
File the Petition
After completing your petition, the next step is to submit it to the Clerk of Court in the county where either you reside or where the abuse occurred. Ensure that all forms are filled correctly and include any supporting documents you’ve gathered. Once submitted, you’ll likely be given a case number and information on what to expect next regarding hearings.
Attend a Temporary Hearing
After filing your petition, it’s common for a judge to review it on the same day and determine if there’s enough validity in your claims to grant an emergency domestic violence injunction temporarily. If granted by the judge, this protective order would take effect immediately and remain in place until a final hearing can be held.
Attend a Final Hearing
Following a temporary injunction, a final hearing will be scheduled within 15 days. Here, both parties can present their case. You’ll want to provide all gathered evidence and explain any incidents of abuse during questioning.
After evaluating all testimonies and documentation presented during this formal session, the judge will decide whether or not to issue a lasting protection order.
Whether you need to file a protection order against someone or you need help defending yourself against one, we’re here for you.
What Are the Penalties For Domestic Violence in Kissimmee, Florida?
If you’ve been accused of domestic violence charges in Kissimmee, Florida, it is crucial to understand the range of penalties that can be imposed.
They may include:
Fines
Individuals convicted of domestic violence may also be subject to significant fines in addition to other penalties. These financial repercussions can vary depending on the severity of the offense.
Batterer’s Intervention Program
A batterer’s intervention program is a common penalty for those found guilty of domestic violence. This program focuses on behavior modification techniques that address abusive patterns. The goal is to promote healthier communication skills within relationships. Successful completion is generally a requirement of the sentence.
The consequences can be severe, which makes it absolutely essential to reach out to domestic violence attorneys in Kissimmee if you find yourself dealing with this.
Schedule a Free Case Evaluation With Our Kissimmee Domestic Violence Lawyer
If you’re facing domestic violence–whether as a criminal or civil matter–help is available. We understand how scary a situation like this can be, but it’s important to stay calm and take the right steps. When you work with an experienced attorney, you can fight back. Contact Lebron Law, PLLC to schedule a free consultation with a Kissimmee domestic violence lawyer.
Visit Our Family & Divorce Law Firm in Kissimmee, FL
Lebron Law, PLLC
15 S Orlando Ave, Kissimmee, FL 34741, United States
(321) 800-5195
