Experienced DV / Restraining Order Attorney
in Fort Myers, FL
A Domestic Violence Injunction can be filed individually and/ or on behalf of the minor children, if applicable. In order to file for an injunction, the Petitioner needs to allege two or more specific acts showing imminent threat of bodily harm. These instances can include threats of physical harm and/or instances of assault and battery. Ultimately the Petitioner must show that he or she is in imminent fear of bodily harm and that the injunction is needed to prevent future contact with the other party.
The judge will initially review the Petition and will either (1) issue the injunction and set a hearing or (2) not issue the injunction and set a hearing. Either way both parties will be required to testify in front of the judge, unless an agreement can be reached.
An injunction may be issued for a specific length of time or permanently. If it is issued, the Respondent must stay within 500 feet of the other party. In divorce cases or paternity cases, domestic violence injunctions make matters more complicated. For example, moving, distribution of property, time sharing with the children and support issues still may need to be determined. You need to make sure that you have a skilled litigator such as Eve McClurg who knows your rights and the law to keep you protected at the injunction hearing and during any resulting divorce or paternity case.