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Nobody has the right to threaten or harm another person. Unfortunately, relationships under stress often ignite to the point where violence results. Under Florida law ( §741.28 and 741.30, Fla Stat) virtually any unwanted contact or any credible threat of such unwanted contact, such that one has " reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence," constitutes sufficient grounds to obtain an injunction for protection against domestic violence, also known as a restraining order. When, in the opinion of the Court, the nature of the threat or harm is such that giving advanced notice to the offending party might further endanger the other party, a Court may enter a temporary injunction without initially giving the other party a right to a hearing. Within 15 days of the entry of the temporary injunction, a hearing is held before the court to determine if the injunction should be dismissed or continued. Although domestic violence is a serious matter, there are times when a party disingenuously uses the power of an injunction to gain an unfair advantage over the other party. In these instances, injunctions are filed against people who either did not commit the acts which were alleged in the injunction or the acts committed do not rise to the level of domestic violence required by statute. When this happens, our firm may be able to prevent the entry of the injunction. The Law Firm of Cindy S. Vova, P.A. assists parties in evaluating the need for a Domestic Violence Injunction, as well as how to handle a situation where a Domestic Violence Injunction is served upon you. If you are a victim of domestic violence or if your are in imminent fear that you may become a victim, please call your local police department immediately to ensure you are out of harm's way. Then, contact our firm to assist you. |
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