Domestic Violence
Respondent For A Seminole County Domestic Violence Injunction For Protection
Request
The victim of any act of domestic violence or who has reasonable cause to believe that they are in imminent danger of becoming a victim of domestic violence you can ask the court for a protective order prohibiting domestic violence. Because you are the person against whom the request to the court is being made you are called the respondent. The person requesting the court provide for protection you from is called the petitioner.
Requirements
The court may only give a petitioner a Seminole County, Florida domestic violence injunction for protection if the respondent is a spouse, former spouse, related to the petitioner by blood or marriage, living with the petitioner now as a family or has lived with the petitioner in the past as a family, or the other parent of the petitioner’s child or children whether or not the petitioner and respondent have ever been married or ever lived together. With the exception of persons who have a child or children in common, the family or household members must be currently residing together or have resided together in the same single dwelling unit.
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 person requesting the injunction by any of the family household members of the person requesting the injunction.
Reasonable Cause
To determine whether the petitioner has reasonable cause to believe they are in imminent danger of becoming a victim of domestic violence, the court must consider all relevant factors alleged in the request for an injunction. Unfortunately, the respondent does not get to respond to these allegations by the petitioner unless a hearing for permanent injunction is set.
Other Types Of Injunctions For Protection
There are other different types of injunctions for protection in Florida. These are: Injunction For Protection Against Dating Violence; Injunction For Protection Against Stalking; Injunction For Protection against Repeat Violence; Injunction For Protection Against Sexual Violence. If you do not qualify for a domestic violence injunction for protection you may qualify for one of these injunctions for protection.
Each different type of injunction for protection has specific legal requirements that have to be met by the petitioner. The specific legal requirements are important because if they are not met the judge should deny the request for the injunction for protection. This is one of many reasons why it is important to discuss what if any injunction for protection is available to the petitioner with a lawyer experienced in representing respondents against for injunctions for protection.
The Lawyer
Call 407-740-8300 for a free consultation with a lawyer with 20+ year experience defending individuals against domestic violence injunctions for protection.
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Florida Injunctions For Protection
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Petitioner For Seminole County Domestic Violence Injunction For Protection
Request
If you are the victim of any act of domestic violence or have reasonable cause to believe that you are in imminent danger of becoming a victim of domestic violence you can ask the court for a protective order prohibiting domestic violence. Because you are the person making the request to the court you are called the petitioner. The person whom you are asking the court to protect you from is called the respondent.
Requirements
The court may only give a petitioner a Seminole County, Florida domestic violence injunction for protection if the respondent is your spouse, former spouse, related to you by blood or marriage, living with you now as a family or has lived with you in the past as a family, or the other parent of your child or children whether or not you have ever been married or ever lived together. With the exception of persons who have a child or children in common, the family or household members must be currently residing together or have resided together in the same single dwelling unit.
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 person requesting the injunction by any of the family household members of the person requesting the injunction.
Reasonable Cause
To determine whether the petitioner has reasonable cause to believe they are in imminent danger of becoming a victim of domestic violence, the court must consider all relevant factors alleged in the request for an injunction.
Other Types Of Injunctions For Protection
There are other different types of injunctions for protection in Florida. These are: Injunction For Protection Against Dating Violence; Injunction For Protection Against Stalking; Injunction For Protection against Repeat Violence; Injunction For Protection Against Sexual Violence. If you do not qualify for a domestic violence injunction for protection you may qualify for one of these injunctions for protection.
Each different type of injunction for protection has specific legal requirements that have to be met by the petitioner. The specific legal requirements are important because if they are not met the judge should deny the request for the injunction for protection. This is one of many reasons why it is important to discuss what if any injunction for protection are available to the petitioner with a lawyer experienced in representing petitioners for injunctions for protection.
The Lawyer
Call 407-740-8300 for a free consultation with a lawyer with 20+ year experience representing individuals seeking injunctions for protection.
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Florida Injunctions For Protection
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Seminole County Domestic Violence Injunctions For Protection For The Accused
Request
The victim of any act of domestic violence or person who has reasonable cause to believe that they are in imminent danger of becoming a victim of domestic violence can ask the court for a protective order prohibiting domestic violence.
Requirements
The court may only give a person a domestic violence injunction for protection if the person against whom it is being requested, the accused, is a spouse, former spouse, related by blood or marriage, living now as a family with person requesting the injunction, the alleged victim, or has lived with the alleged victim in the past as a family, or the other parent of a child or children whether or not you have ever been married or ever lived together. With the exception of persons who have a child or children in common, the family or household members must be currently residing together or have resided together in the same single dwelling unit.
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 person requesting the injunction by any of the family household members of the person requesting the injunction.
Reasonable Cause
To determine whether the person requesting the injunction has reasonable cause to believe they are in imminent danger of becoming a victim of domestic violence, the court must consider all relevant factors alleged in the request for an injunction.
Other Types Of Injunctions For Protection
There are other different types of injunctions for protection in Florida. These are: Injunction For Protection Against Dating Violence; Injunction For Protection Against Stalking; Injunction For Protection against Repeat Violence; Injunction For Protection Against Sexual Violence. If the requesting person does not qualify for a domestic violence injunction for protection they may qualify for one of these other injunctions for protection.
Each different type of injunction for protection has specific legal requirements that have to be met by the person seeking the injunction for protection. The specific legal requirements are important because if they are not met the judge should deny the request for the injunction for protection. This is one of many reasons why it is important to discuss with a lawyer experienced in representing accused individuals whom an injunction for protection is being sought what if any injunction for protection can be obtained by the alleged victim against the accused.
The Lawyer
Call 407-740-8300 for a free consultation with a lawyer with 20+ year experience defending individuals against Seminole County Domestic Violence Injunctions For Protection.
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Seminole County Domestic Violence Injunction Lawyer
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Seminole County Florida Domestic Violence Injunctions For Protection For Victims
Request
If you are the victim of any act of domestic violence or have reasonable cause to believe that you are in imminent danger of becoming a victim of domestic violence you can ask the court for a protective order prohibiting domestic violence in Seminole County.
Requirements
The court may only give a person a domestic violence injunction for protection in Seminole County if the person you are requesting the injunction against is your spouse, former spouse, related to you by blood or marriage, living with you now as a family or has lived with you in the past as a family, or the other parent of your child or children whether or not you have ever been married or ever lived together. With the exception of persons who have a child or children in common, the family or household members must be currently residing together or have resided together in the same single dwelling unit.
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 person requesting the injunction by any of the family household members of the person requesting the injunction.
Reasonable Cause
To determine whether the person requesting the injunction has reasonable cause to believe they are in imminent danger of becoming a victim of domestic violence in Seminole County, the court must consider all relevant factors alleged in the request for an injunction.
Other Types Of Injunctions For Protection
There are other different types of injunctions for protection in Seminole County. These are: Injunction For Protection Against Dating Violence; Injunction For Protection Against Stalking; Injunction For Protection against Repeat Violence; Injunction For Protection Against Sexual Violence. If you do not qualify for a domestic violence injunction for protection you may qualify for one of these injunctions for protection.
Each different type of injunction for protection has specific legal requirements that have to be met by the person seeking the injunction for protection. The specific legal requirements are important because if they are not met the judge should deny the request for the injunction for protection. This is one of many reasons why it is important to discuss what if any injunction for protection applies to the person requesting an injunction for protection with a lawyer experienced in representing people seeking injunctions for protection.
The Lawyer
Call 407-740-8300 for a free consultation with a lawyer with 20+ year experience representing individuals in Seminole County seeking injunctions for protection.
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Florida Injunctions For Protection
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Jury Must Make A Separate Specific Finding Of Battery Being Domestic Violence
The defendant was charged with domestic violence battery in violation of sections 784.03(1) and 741.283, Florida Statutes (2018). Section 741.283 establishes minimum terms of imprisonment for those adjudicated guilty of a crime of domestic violence as defined in section 741.28, Florida Statutes. The charging document described the victim as a family or household member of the defendant. The trial court’s instruction to the jury was as follows: “To prove the crime of battery, the State must prove the following element beyond a reasonable doubt: Defendant actually and intentionally touched or struck the victim against her will. An intentional touching or striking includes situations where a defendant knows that a touch or strike is substantially certain to result from his or her act.” The jury found the defendant guilty of battery as charged. After the verdict and the dismissal of the jury, the trial court found that the battery was a crime of domestic violence. The defendant filed an appeal.
According to the appeals court a domestic violence designation under section 741.28(2), Florida Statutes (2018) triggers mandatory minimum sentences under section 741.283, Florida Statutes (2018). In this case, the facts necessary to a “domestic violence” designation are (1) a battery, (2) where the victim is a “family or household member” of the defendant, and (3) the battery resulted in physical injury or death of the victim. See section 741.28(2), Florida Statutes (2018). Section 741.283(1)(a), Florida Statutes (2018) describes the mandatory minimum sentences for first, second, and third or subsequent domestic violence offenses and requires that the defendant has “intentionally caused bodily harm to another person”. Here, the jury was charged only on misdemeanor battery. It was not asked to make findings regarding bodily harm or injury of the victim or the victim’s status as a family or household member of the defendant. Therefore, the trial judge was precluded from making the domestic violence finding on her own.
See Bethea v. State, 319 So.3d 666 (Fla. 5th DCA 2021)
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Seminole County Domestic Violence Defense Lawyer
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Convictions For Seminole County Domestic Violence Charges
If at the end of the trial the jury finds you guilty of a domestic violence charge or charges in Seminole County, Florida then the judge will decide what an appropriate sentence is. This decision is based on many factors including the evidence at the trial and any prior criminal history for the defendant. The judge will listen to arguments from the prosecutor regarding what is an appropriate sentence in the case. If the victim wants to be heard prior to sentencing the judge will listen to testimony from the victim regarding what the victim thinks the appropriate sentence in the case should be. The judge will also listen to arguments from the defendant’s lawyer and testimony from the defendant and any other witnesses and evidence the defendant wants to present that is relevant to determining an appropriate sentence in the case. If you would like to discuss how I can help, the consultation is free. Please call me at 407-740-8300, text me at 407-616-8808 or email me at [email protected].
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Seminole County Domestic Violence Defense Lawyer
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Trials For Seminole County Domestic Violence Charges
Most domestic violence cases in Seminole County, Florida do not end up being a trial, however, when a case is going to be a trial it is important to be properly prepared if you want to win. Most people have seen some version of a trial on television or in a movie. In a trial for domestic violence charges the State of Florida has the burden to prove with evidence a person is guilty beyond and to the exclusion of every reasonable doubt. The law does not require actual physical evidence like videos or pictures, verbal testimony by the victim is enough for a conviction for domestic violence charges. If you would like to discuss how I can help, the consultation is free. Please call me at 407-740-8300, text me at 407-616-8808 or email me at [email protected].
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Seminole County Domestic Violence Defense Lawyer
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Jury Selection For Seminole County Domestic Violence Charges
A domestic violence trial in Seminole County, Florida begins with jury selection. A group of potential jurors is brought into the courtroom and each side has an opportunity to ask potential jurors questions to determine if they are someone that one side wants to be on the jury to decide the case. This is called voire dire. Each side has what is called strikes which allow them to exclude a juror from being on the jury to decide the case. There are two types of strikes, for cause strikes and peremptory strikes. For cause strikes can be used for many reasons but are normally used because the person is unable be fair and impartial as a juror in the case. For cause strikes are unlimited for both sides. Peremptory strikes are strikes that are limited in number for both sides, but the same number for each side, and can be exercised by each side for any reason as long as the reason is race neutral. An example of a for cause strike in a domestic violence case would be because the potential juror is a friend of one of the law enforcement officers who is going to testify in the case. An example of a peremptory strike in a domestic violence case would be because a juror has a family member who was a victim of domestic violence and has donated money to a domestic violence shelter. This potential juror may be able to be struck for cause for not being able to be fair and impartial in the case but if not this is the type of juror a defendant would want to use a peremptory strike on to exclude them from being a juror in the trial. Jury selection is a very important part of a trial in a domestic violence case. If you would like to discuss how I can help, the consultation is free. Please call me at 407-740-8300, text me at 407-616-8808 or email me at [email protected].
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Pretrial Conference For Seminole County Domestic Violence Charges
In a domestic violence case in Seminole County, Florida the next court appearance after the arraignment hearing is a pretrial conference hearing. The pretrial conference hearing is the opportunity for the judge to find out what the status of the domestic violence case is. The judge wants to know if a plea agreement has been reached or if the case needs to be set for trial. If a plea agreement has been reached then sometimes the judge will do the plea and sentencing immediately and sometimes the judge will require the plea and sentence be set for a future date. If the case is going to be set for trial the judge going to want to know information about the trial. The judge is going to want to know information like how many prospective jurors will be needed for jury selection, how many days the trial is expected to last, how many witnesses each side intends on calling to testify, if there are any pretrial motions that need to be resolved before the jury selection and any other matters that either side needs to address before the trial. If you would like to discuss how I can help, the consultation is free. Please call me at 407-740-8300, text me at 407-616-8808 or email me at [email protected].
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Arraignment For Seminole County Domestic Violence Charges
In a domestic violence case in Seminole County, Florida the next court appearance is the arraignment hearing. The arraignment hearing is the arrested person’s opportunity to answer to the domestic violence charges. The options are not guilty, guilty and nolo contendere (no contest). If you plead not guilty to domestic violence charges the judge will set your case for a future court date to discuss your case and the judge will normally ask you if you are going to hire a lawyer to represent you in the case. If you plead guilty or nolo contendere (no contest) to domestic violence charges the judge will ask the prosecutor what the State of Florida is recommending as a sentence in the case and the judge will ask you if you have anything to say prior to sentencing. If the judge gives the person a jail or prison sentence the person will be placed in custody right then. The person will leave the courtroom in handcuffs. Most people who go to the arraignment hearing do not plan on going to jail or prison right then but if you plead guilty or nolo contendere (no contest) at the arraignment hearing and the judge accepts the plea and then imposes the sentence in your case you can go to jail or prison and you cannot say no I changed my mind I do not want to go to jail or prison it is to late. This is one of many reasons why people hire lawyers. If you are being represented by a lawyer normally before you enter a plea of guilty or nolo contendere (no contest) a sentence agreement will have been reached with the prosecutor as a result of plea negotiations. The judge must agree to this negotiated sentence. If you would like to discuss how I can help, the consultation is free. Please call me at 407-740-8300, text me at 407-616-8808 or email me at [email protected].
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Chris S. Boatright, P.A.
