Under Florida law, there are a number of different situations where domestic violence can occur. Usually, protective orders and restraining orders are filed in cases of domestic violence. It is important to contact a Melbourne criminal defense attorney if you have been accused of dating violence.
Melbourne Dating Violence Defense Lawyer
If you have been charged with Dating Violence in Central Florida, then you need to contact the experienced domestic violence defense attorneys at Germain Legal.
Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County.
Contact our office at (321) 775-3559 for a consultation on how we can defend you against dating violence charges.
- What is Dating Violence?
- Florida Dating Violence Injunction
- Penalties for Violating Dating Violence Restraining Order
- Hire a Dating Violence Criminal Defense Attorney in Brevard County
What is Dating Violence?
Defined under Florida Statutes section 784.046, “dating violence” refers to any violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on the consideration of the following factors:
- A dating relationship must have existed within the past 6 months;
- The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties; and
- The frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship.
Victims of dating violence have the right to petition for an injunction against their abuser.
Florida Dating Violence Injunction
Under Florida law, there are several types of injunctions that are filed in domestic violence situations. In order to file a dating violence injunction, the following things must be present:
- A dating relationship must have existed within the past 6 months;
- The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties; and
- The frequency and type of interaction needed to reflect a continuing and significant relationship of a romantic or intimate nature.
Dating violence does not pertain to people who associate with each other in a social or business setting. There must be an ongoing and continuous relationship over time in order to get an injunction for dating violence.
The injunction looks as follows:
The undersigned petitioner (name) declares under penalties of perjury that the following statements are true:
- Petitioner resides at (address). (A petitioner for an injunction for protection against sexual violence may furnish an address to the court in a separate confidential filing if for safety reasons the petitioner requires the location of his or her current residence to be confidential pursuant to s. 119.071(2)(j) Florida Statutes.)
- Respondent resides at (address).
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- Petitioner has suffered repeat violence as demonstrated by the fact that the respondent has: (enumerate incidents of violence)
- Petitioner has suffered sexual violence as demonstrated by the fact that the respondent has: (enumerate incident of violence and include incident report number from law enforcement agency or attach notice of inmate release)
- Petitioner is a victim of dating violence and has reasonable cause to believe that he or she is in imminent danger of becoming the victim of another act of dating violence as demonstrated by the fact that the respondent has: (list the specific incident or incidents of violence and describe the length of time of the relationship, whether it has been in existence during the last 6 months, the nature of the relationship of a romantic or intimate nature, the frequency and type of interaction, and any other facts that characterize the relationship)
- Petitioner genuinely fears repeat violence by the respondent.
- Petitioner seeks: an immediate injunction against the respondent enjoining him or her from committing any further acts of violence; an injunction enjoining the respondent from committing any further acts of violence; and an injunction providing any terms the court deems necessary for the protection of the petitioner and the petitioner’s immediate family including any injunctions or directives to law enforcement agencies.
Penalties for Violating Dating Violence Restraining Order
All violations of restraining orders are first-degree misdemeanors punishable by up to one year in jail and a maximum fine of up to $1,000.
Hire a Dating Violence Criminal Defense Attorney in Brevard County
Only a domestic violence defense attorney in Melbourne can help you. Once you outline the circumstances of your case to our lawyers, we can begin creating a defense to get the injunction dismissed or modified.
If a dating violence injunction has been filed against you in Melbourne, Satellite Beach, Merritt Island, Titusville, Viera, Cape Canaveral, Cocoa, Cocoa Beach, Indialantic, Indian Harbour Beach, Melbourne Beach, West Melbourne, or Palm Bay, contact Mark Germain at (321) 775-3559 to get immediate legal representation.
