By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Domestic Violence on Thursday, August 13, 2015.
Injunctions for protection against domestic violence are critical to the safety of many. But they also represent a court system which can be easily abused as a tactical advantage in a custody case.
I’ve written about domestic violence before. Anyone scanning the headlines in the Miami Herald knows that the horrors of domestic violence are all too real:
“Dania Beach man arrested in fatal shooting of girlfriend”
Miami Herald, Aug. 12, 2015
“Miami Gardens man held in fatal shooting of ex-girlfriend”
Miami Herald, June 25, 2015
“Man Charged With Murder After Killing Girlfriend . . .”
Miami Herald, May 17, 2015
However, because they are easy to obtain, restraining orders are misused, usually against men, but sometimes against women too.
When someone has an injunction against violence issued against him, many automatically think that they are an abuser, and injunctions also force you to leave the home, stay away from a partner, and your children.
In order to obtain an injunction against domestic violence, you must prove you are in imminent danger of becoming the victim of domestic violence. In addition to an injunction prohibiting domestic violence, Florida law allows for other types of injunctions as well, including:
Repeat violence injunctions, when two incidents of violence or stalking
Sexual violence injunctions, for certain criminal sexual acts are committed.
Dating violence injunctions, available to protect those who have a “continuing and significant relationship of a romantic or intimate nature” from violence.
Injunctions are issued ex parte, which means the accused has no notice of the proceedings and does not have the opportunity to defend themselves prior to its issuance.
Far too many people use injunctions to gain a strategic. One study found that 59% of allegations of domestic violence between couples involved in custody disputes could not be substantiated by the courts as true.
However, the filing of a false domestic violence injunction can also backfire. In the event your injunction is dissolved, and it is demonstrated that it was filed falsely, that could be evidence in a custody battle.
Every day it seems the Miami Herald has a story about domestic violence. The results are tragic. Conversely, many people abuse the system. Domestic violence injunctions are a part of family law and divorce cases to consider carefully.