A petition for a domestic violence injunction, also known as a restraining order, is filed with the court when someone believes they have been the victim of domestic violence. The victim must demonstrate that they have been a victim of domestic abuse or that they are in imminent danger of being a victim. Abusive behaviors occur when one individual obtains dominance over another and can be triggered by a variety of factors, including sexual, physical or verbal abuse, as well as stalking.
The court may issue a temporary order based on the petition, but the respondent has the right to a hearing before a permanent order is issued. Usually, the return hearing takes place within two weeks after the temporary injunction is issued. This is the opportunity for the person mentioned in the order to present rebuttal evidence and request that the order be vacated.
While there is no doubt that domestic violence is a serious crime, there are times when someone may be wrongfully accused of it. Every day, innocent people are wrongly accused of domestic violence, and some are even convicted solely on the basis of evidence and claims. The system isn't always fair. While the law states that you are innocent until proven guilty, the judicial system does not always provide you with a fair trial when you are accused of serious and violent crimes. If you've been accused of domestic abuse, you need to take action right away to clear your name.
Our Miami family law attorneys at Rafool, LLC represent respondents in domestic abuse hearings. We know from experience that false allegations are frequently made during divorce and child custody hearings in order to discredit the responder in court. Additionally, we believe in the fundamental values of due process that are ingrained in our legal system.
To learn more about Rafool, LLC, including our team of Miami FL divorce attorneys, visit us online or call 305.567.9400.