The petitioner must be a victim of domestic violence or in imminent danger of becoming a victim of domestic violence.§741. 30(1)(a), Florida Statutes.
Domestic violence includes:
- Aggravated assault
- Aggravated battery
- Sexual assault
- Sexual battery
- Aggravated stalking
- False imprisonment
- Any other criminal offense resulting in physical injury or death to one family or household member by another family or household member. §741. 28(2), Florida Statutes.
Whether the respondent engaged in any other behavior or conduct that leads the petitioner to have reasonable cause to believe that he or she is in imminent danger of becoming a victim of domestic violence. §741. 30(6)(b), Florida Statutes.
In determining whether petitioner has “reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence,” the court must consider all relevant factors alleged in the petition for injunction for protection against domestic violence, including, but not limited to:
- The history between the petitioner and the respondent, including threats, harassment, stalking, and physical abuse.
- Whether the respondent has attempted to harm the petitioner or family members or individuals closely associated with the petitioner.
- Whether the respondent has threatened to conceal, kidnap, or harm the petitioner’s child or children.
- Whether the respondent has used, or has threatened to use, against the petitioner any weapons such as guns or knives.
- Whether the respondent has intentionally injured or killed a family pet.
- Whether the respondent has physically restrained the petitioner from leaving the home or calling law enforcement.
- Whether the respondent has a criminal history involving violence or the threat of violence.
- The existence of a verifiable order of protection issued previously or from another jurisdiction.
- Whether the respondent has destroyed personal property, including, but not limited to, telephones or other communication equipment, clothing, or other items belonging to the petitioner.
If you or someone you know has been accused of committing a domestic violence crime or has been served with an injunction for protection against domestic violence, call attorney Robert Malove.