West Palm Beach Domestic Violence Injunctions
If you are involved in any type of family law dispute in West Palm Beach, allegations of domestic violence must be taken extremely seriously. If you are the victim of domestic violence and seeking an injunction to protect you and your children from future physical, emotional or sexual abuse, you cannot afford to make a mistake when seeking a protective injunction.
While domestic violence is a very important issue, false allegations are far more frequent then you might realize because they are sometimes used to obtain an advantage in a divorce or child custody dispute.
Regardless of whether you are a victim of domestic violent or facing false allegations, you should contact experienced South Florida domestic violence attorneys at the Law Offices of James S. Cunha, P.A. Our attorneys have successfully obtained many injunctions protecting victims of domestic violence, while also defending those individuals who have been falsely accused of domestic violence.
What is a Domestic Violence Injunction?
An injunction is essentially a court order that requires that the person named either refrain from certain actions or requires the person named to engage in certain activities. When you seek an injunction for domestic violence in Palm Beach County or anywhere throughout Florida, it is effectively the same as seeking a “restraining order.” A domestic violence injunction may limit where you can go and may prohibit you from going near the moving party’s work, home or motor vehicle. If you are married or live together, this can effectively mean that you are temporarily ejected from your own home or vehicle. Many times the party seeking a Palm Beach domestic violence injunction will be a spouse or co-parent, which may result in your access to your children being severely restricted. Therefore, it is imperative for you to obtain legal counsel to assist you in this matter.
Initially, domestic violence injunctions are sought on an emergency basis where you, if you are on the receiving end, have virtually no notice or opportunity to defend yourself from any potential false allegations contained in the petition. The court will immediately review the petition for an injunction and decide whether to issue a temporary injunction. In addition, the court will also provide a date the parties must appear in court so the judge can decide whether to Order a Final Judgment of Injunction for Protection Against Domestic Violence.
At the aforementioned hearing, the rules of evidence and civil procedure will apply so it is essential to have an experienced South Florida domestic violence injunction attorney present who has a strong familiarity and understanding of the Florida Rules of Evidence in order to introduce evidence that best supports your position.
If you are served with a temporary injunction and a notice of hearing to appear in court for a final hearing pertaining to the injunction against domestic violence, it is in your best interest to do the following:
- DO NOT VIOLATE ANY RESTRICTIONS IMPOSED ON YOU BY THE INJUNCTION. For example, if the temporary injunction prohibits you from having any contact with the petitioner, then do not have any contact with that person. This includes no texting, no sending messages via e-mail, no messages through the use of third parties, e.g., friends, no phone calls, do not visit the same places that person frequents. If the petitioner attempts to contact you, do not respond and save any text messages, e-mails, letters and/or voicemails that you have received.
- SPEAK WITH AN ATTORNEY.
- APPEAR AT THE HEARING WITH YOUR ATTORNEY. (It is in your best interest to be represented by counsel at the hearing).
Most people do not understand the implications of the court granting a temporary or final injunction until it is too late. When the court does decide to grant either a temporary or final injunction, the following may apply:
- Requiring you to stay a minimum distance from the moving party
- Prohibiting you from having any kind of contact with the petitioner
- Permitting the other party to kick you out of your own home
- Mandatory participation in anger management and domestic violence classes
- Fees and costs associated with mandatory classes
- Exposure to criminal charges if you violate a domestic violence injunction
- Limiting or temporarily prohibiting you from having any access to your children
- Creating momentum on behalf of the other party in a child custody dispute
- Limiting your freedom of movement so that you may have to maintain a certain distance from the moving party’s place of work and vehicle
On the other hand, if you are the victim of domestic violence in South Florida, a domestic violence injunction can be a valuable shield to protect you from future victimization and/or your children by prohibiting the respondent from coming within a certain distance of you and your children, including your home, place of employment, the children’s school, and anywhere else. If the other party violates your domestic violence injunction, you can summon law enforcement and the other party may be arrested and prosecuted for violating the injunction.
Providing Legal Representation in Domestic Violence Injunction Proceedings
Mr. Cunha and his legal team understand that domestic violence is a very sensitive and emotional issue. We are committed to protecting victims of domestic violence and their families. We provide persuasively drafted petitions for domestic violence injunctions and effective courtroom advocacy.
As for those individuals falsely accused of domestic violence, we can help you protect your reputation and prevent false allegations of domestic violence from limiting where you are allowed to travel or impacting your timeshare with your children.
We are loyal and passionate about our clients’ cases and consistently seek the best possible resolution to their family law issues including those involving domestic violence injunctions. We bring a substantial level of skill, knowledge and diligence along with the ability to think outside of the box so that we can be the most effective advocates for our clients.
The Law Offices of James S. Cunha, P.A. assist clients in all Divorce and Family Law Matters throughout West Palm Beach, Lake Worth, Palm Beach, Palm Beach Gardens, Boynton Beach, Jupiter, Delray Beach, and Boca Raton in Palm Beach County. We also offer legal representation to clients who reside in Martin, St. Lucie, Okeechobee, Hendry, Broward, and Miami-Dade counties.