Written by attorney John P Rutkowski

Misuse of Florida Injunctions against domestic and dating violence

Florida's Injunctions against domestic violence and against dating violence are vital tools for domestic violence victims; however, they can be manipulated and abused in certain situations. When this occurs, innocent people are forced to deal with unfair and unjust legal consequences as a result.

Every year, countless domestic violence victims are given no choice but to apply for domestic violence injunction against their abuser.

What exactly is a domestic/dating violence injunction? Domestic violence and dating violence injunctions are pieces of paper which are signed by a judge that tells the abuser to stop the abuse or harassment immediately. If that person does not cease harming the victim, then they will face serious legal consequences. Therefore, a domestic/dating violence injunction provide legal protection from domestic violence for male and female victims alike.

Injunctions serve a vital role in preventing household and family members from incurring further harm from their attackers. When an Injunction is in place, it is supposed to put an immediate stop to the abuse. This can include further attempts to cause bodily injury or commit sexual assault. It can also be used to stop child abuse, false imprisonment (keeping a person against their will), stalking or harassment that places a person in fear of bodily injury. When a domestic violence/dating violence Injunction issues the accused is required to remove all guns from the home and turn them over to law-enforcement for safe keeping.

Injunctions certainly serve an important function in society, since they protect individuals and children from domestic violence. Injunctions can be temporary or they can be permanent. If they are permanent, they can be held in place for a definite period of time or until such time as a judge believes there is no longer any danger. This means that if a man or woman had a permanent Injunction in place against them, they can be forced to move out of their home and be prohibited from contacting their spouse/significant other or minor children until the Injunction is dissolved.

Can people ever be wrongfully accused of domestic/dating violence? The answer is yes! Unfortunately, it happens all the time. As law enforcement and the courts frown so heavily upon domestic/dating violence, people have found a way to manipulate the system by taking out Injunctions against innocent people.

Injunctions are frequently taken out for a good solid reason against valid claims of abuse; however, they are also taken out for less honest reasons. Sometimes bitter household members/significant others go to extremes when they want to get rid of a roommate they don’t like. Instead of sticking out the lease, they make false allegations of domestic violence in order to get the person to leave. These people might think they are doing the right thing, but what they are really doing is messing with somebody’s life.

On the other hand, sometimes a bitter or jealous spouse makes false allegations of domestic violence when they are trying to gain an edge in a divorce settlement or child custody dispute. Either way, making false allegations of domestic violence and taking out an Injunction against innocent people is wrong. Regrettably, it’s the alleged abuser who has the burden of proof to show that they are entirely innocent of the charges against them.

When somebody is accused of domestic/dating violence and has an injunction against them, they are urged to seek legal representation as soon as possible. For a lot of people, an Injunction would affect many important aspects of their life. It could force them to move out of the family home, prohibit them from visiting with their children and even hand over their firearms.

If you had an Injunction is taken out against you, it is vital that you hire a criminal defense attorney right away. Your attorney can help you prepare for the hearing, so you have the highest chances of a positive outcome when you are standing in front of the judge.

Additional resources provided by the author

Mr. Rutkowski has been practicing law for the past twenty-three years. Prior to practicing law Mr. Rutkowski served twelve years as a deputy sheriff, retiring to attend law school. Starting his law-enforcement career as a patrol deputy which included two years on the DUI squad; Mr. Rutkowski moved up the ranks becoming a corporal in the field training program which give him the responsibility for training new recruits. After law school Mr. Rutkowski became an Assist State Attorney where he prosecuted misdemeanor and felony crimes before dedicating his law practice solely to criminal defense. Along with his work in law enforcement and as an attorney, Mr. Rutkowski spent fifteen years in the army reserve staring as an enlistee, eventually attending and completing officer candidate school and being commissioned as an infantry officer.

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