Domestic Violence, Repeat Violence, Sexual And Dating Violence Injunctions
Whether you are the victim of repeat violence, sexual violence or dating violence, or the victim of a false accusation of repeat violence, sexual violence or dating violence, such matters must be taken seriously. The Stuart repeat violence injunction lawyers at The Gufford Law Firm, P.A., have tried hundreds of violence-based cases throughout the state of Florida. Many people who are involved in a repeat violence, sexual violence or dating violence case do not realize the serious implications that such cases carry with them. It is important for you to be represented by an attorney who understands how to examine and cross-examine important witnesses such as the parties themselves, law enforcement officers, 911 operators, medical/mental health personnel, etc.
When Can Someone Seek A Sexual Violence, Dating Violence Or Repeat Violence Injunction?
You may seek an injunction for protection if:
- You are the victim of domestic violence or have a reasonable fear that you are about to become a victim of domestic violence.
- You are the victim of repeat violence or stalking.
- You are the victim of dating violence and have reasonable cause to believe you are in imminent danger of becoming the victim of another act of dating violence.
- You are the victim of sexual violence.
- You are the parent or legal guardian of a minor child who is living at home and who is the victim of sexual violence.
An alleged victim must show that there was an assault or battery. Just knowing that the respondent is violent is not enough. In order to prove assault, the alleged victim must have a well-founded fear that violence is imminent. If he or she does not take the threats seriously, or the respondent merely shouted or used obscene hand gestures, the court will not order an injunction.
To learn more about who can seek a repeat violence injunction or sexual or dating violence injunction, contact a Port St. Lucie, Florida, sexual and dating violence attorney at our law firm.
What Are Repeat Violence, Sexual Violence And Dating Violence?
- “Repeat violence” means two incidents of violence or one act of stalking committed by the same person. One of the violence events must have been committed within six months of the petition. However, only one act of stalking is necessary to prevail, regardless of whether there was actual violence or not.
- “Sexual violence” is any sexual act done by force against the other person’s will or against a person who cannot understand the nature of the act. It includes sexual battery.
- “Dating violence” means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. The term does not include violence in a casual acquaintanceship or violence between individuals who only have engaged in ordinary fraternization in a business or social context.
Why Is An Attorney Necessary In Sexual Violence And Repeat Violence Injunction Cases?
When faced with a repeat violence, sexual violence or dating violence case, many people feel that they can just “show up” to court and tell the judge their story. What those people do not realize is that nothing could be further from the truth. There are rules of court and evidence that can be used for or against you in court.
For example, unless permitted by the court by way of a separate motion, children are often not permitted to testify. This fact usually comes as a surprise to most people. Since children are many times either the victims of repeat violence, sexual violence or dating violence, or the only witnesses to it, being armed with this information is often the key to winning or losing your case. We can help you petition to get the child’s testimony into evidence or keep it out.
Many people also believe that they can use signed, notarized statements, police reports, etc., to support or defend their case. Unfortunately, those people often learn the hard way from the opposing attorney or the judge that such statements are usually inadmissible, as they are considered to be “hearsay.”
Contact Our Port St. Lucie, Florida, Sexual And Dating Violence Lawyer
Contact a repeat violence injunction lawyer at The Gufford Law Firm, P.A., today to experience exceptional client service and responsiveness that is focused on results. A free initial consultation is available. Throughout the entirety of your case, we stay committed to your legal needs. ¡Se habla español!