Better Strategy for Divorce and Family Law

Protecting the Rights of the Accused

Contact Gwen Now

Call 1-407-370-9661

Domestic Violence Protective OrderIf someone is a victim of any act of domestic violence or has reasonable cause to believe that he or she is in imminent danger of becoming a victim of domestic violence, then that person can ask the court for a protective order prohibiting domestic violence. Domestic violence includes: assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any other criminal offense resulting in physical injury or death to the petitioner by any of the petitioner’s family or household members.

In determining whether there is reasonable cause to believe someone is in imminent danger of becoming a victim of domestic violence, the court must consider all relevant factors alleged in the protective order petition, including, but not limited to the following:

1. The history between the petitioner and the respondent, including threats, harassment, stalking, and physical abuse.

2. Whether the respondent has attempted to harm the petitioner or family members or individuals closely associated with the petitioner.

3. Whether the respondent has threatened to conceal, kidnap, or harm the petitioner’s child or children.

4. Whether the respondent has intentionally injured or killed a family pet.

5. Whether the respondent has used, or has threatened to use, against the petitioner any weapons such as guns or knives.

6. Whether the respondent has physically restrained the petitioner from leaving the home or calling law enforcement.

7. Whether the respondent has a criminal history involving violence or the threat of violence.

8. The existence of a verifiable order of protection issued previously or from another jurisdiction.

9. Whether the respondent has destroyed personal property, including, but not limited to, telephones or other communications equipment, clothing, or other items belonging to the petitioner.

10. Whether the respondent engaged in any other behavior or conduct that leads the petitioner to have reasonable cause to believe that he or she is in imminent danger of becoming a victim of domestic violence.
The domestic violence laws only apply when the parties are spouses, former spouses, related by blood or marriage, living together now or have lived together in the past (as a family), or if one party is the parent of the other party’s child(ren) whether or not the parties have ever been married or ever lived together. With the exception of persons who have a child in common, the family or household members must be currently residing together or have in the past resided together in the same single dwelling unit. If the respondent is not one of the above, a petitioner may consider a Petition for Injunction for Protection Against Repeat Violence, a Petition for Injunction for Protection Against Dating Violence, or a Petition for Injunction for Protection Against Sexual Violence.

Police reports furnished by a law enforcement officer, if any, specific dates of abuse or threats of abuse, specific locations where abuse or threats occurred, and specific descriptions of the abuse or threats should be included in any Petition for Violence Injunction.