Oakland Domestic Violence Attorney
Home should be a safe and nurturing haven for everyone, where families can spend quality time without fear.
Unfortunately, for some, this ideal is shattered by abuse within the household. Victims of domestic abuse often find themselves trapped in a cycle of fear and reluctance to speak out against their abusers, especially when the perpetrators are family members who were supposed to be their protectors.
Abusers may wield their power and position within the household to maintain control and silence their victims. As a result, many suffer in silence, enduring immense suffering. It is crucial to break this cycle and report domestic abuse immediately. The longer it persists, the more severe and damaging the abuse can become.
If you or your loved ones face domestic violence and want to protect yourselves and seek justice, please get in touch with our Oakland, FL, family law firm, Davis and Associates, Attorneys at Law, LLC. Our team of experienced Oakland domestic violence attorneys will support you through the legal process, ensuring the abusers face the consequences of their actions. We can help you obtain a protective injunction to ensure your safety and represent you in court, sparing you from the need to appear in hearings in person. Your safety and well-being are our top priorities, and we are here to provide the legal support and protection you need during this challenging time.
Call Davis and Associates, Attorneys at Law, LLC at (407) 708-9969 for your Consultation with an Oakland Domestic Violence lawyer.
Defining Domestic Violence in Florida
Under the Florida statute, domestic violence encompasses several acts committed by an abuser against their family member or household member. These acts include:
1. Assault (including aggravated assault)
2. Battery (including aggravated battery and sexual battery)
3. Sexual assault
4. Stalking or aggravated stalking (which includes harassment and cyberstalking)
5. Kidnapping
6. False imprisonment
7. Any violent or criminal offense resulting in physical injury or death
If you are unsure whether you or your family member are experiencing domestic violence or want to explore the legal options available to address domestic violence, do not hesitate to contact one of our Oakland domestic violence attorneys at Davis and Associates, Attorneys at Law, LLC. We are here to provide immediate legal assistance to protect you from further abuse, and we will ensure that the courts take prompt action to hold the abusers accountable for their actions. Your safety is our utmost priority, and we are committed to helping you navigate this challenging situation with the support and protection you need.
Legal Protection from Violence
In Florida, victims of domestic violence can request an injunction from the court to protect themselves and their loved ones.
This injunction can also be sought by individuals who are not physically harmed but are threatened by abuse and violence. You can request a demand from the circuit court handling the case or the court with jurisdiction over your permanent or temporary residence, the abuser’s residence, or the location where the abuse occurred.
The court considers several factors to determine whether to grant an injunction, including:
1. The nature of your relationship with the abuser
2. Any records of attempted harm or intent to harm
3. Threats made by the respondent toward your child
4. History of the respondent engaging in animal abuse
5. Use of weapons
6. Criminal history of the abuser involving violence or threats of violence
7. Instances of the abuser destroying personal property
8. Any behavior by the abuser that led you to believe you are in immediate danger of domestic violence.
If the court determines that an injunction is warranted, it will issue either a temporary or final request. Each type of injunction comes with specific protections the judge identifies to prevent the abuser from approaching you and other protected parties. Violating the injunction can result in penalties and liabilities for the abuser and other penalties specified in the request.
Our Oakland domestic violence attorneys are here to help you identify the most suitable type of injunction for your case. We will work with you to gather evidence and advocate for your injunction request in court. Once granted, we will monitor the injunction enforcement on your behalf and report any violations to the court. Your safety is our priority, and we are committed to providing you with the legal support and protection you need during this difficult time.
Protective Order Violations
Respondents in a domestic case are legally obligated to adhere to a protective order if the courts issue it. However, violations can occur when they actively breach the order’s provisions or fail to comply with its requirements. Common violations include:
1. Physically harassing, abusing, or depriving the petitioner of their rights
2. Asserting exclusive ownership of the petitioner’s designated residence
3. Failing to stay away from the petitioner and other protected individuals, including specified safe zones like the petitioner’s home, school, or workplace
4. Illegally invading and remaining at the petitioner’s residence while under the influence of drugs or alcohol, posing a threat to the petitioner, and protecting individuals
5. Having firearms while subject to the protective order
6. Abducting a child, violating child custody provisions, removing the child from the state, or concealing their whereabouts.
When a respondent is found guilty of violating the protective order, they will face penalties for the violation and any underlying criminal acts committed during the breach. For first-time offenses, it is considered a Class A misdemeanor. For repeated offenses or if they committed domestic battery or violent crimes against a family or household member during the violation, it is considered a Class 4 felony.
Our Oakland domestic violence lawyers are prepared to assist both parties in dealing with cases related to violations of protective orders. If you are the petitioner, we can help you gather evidence to prove the respondent’s violation and file the claim in court. Conversely, if you are the respondent and wish to challenge the allegations of breach, we can help you in presenting evidence to support your defense and prove your innocence. We aim to ensure that each case is handled fairly and by the law.
Talk To Our Legal Professionals Today
If you or someone in your household is experiencing domestic violence, it is essential not to wait for the situation to escalate. Taking immediate action is crucial to ensure your safety and the safety of your loved ones. Reach out to a competent legal team that can assist you in protecting yourself and holding the abusers accountable for their actions.
At Davis and Associates, Attorneys at Law, LLC, we understand the urgency of such situations and will swiftly act to get you to safety. Our team will file the necessary legal case against your abusers while handling the matter with sensitivity and confidentiality to avoid any negative impact on your daily life. Rest assured that we will work diligently to ensure that the abusers face the appropriate consequences, so they cannot cause you further harm. Your safety is our top priority, and we are here to support you every step of the way.
Call Davis and Associates, Attorneys at Law, LLC at (407) 708-9969 for your Consultation with an Oakland Domestic Violence lawyer.