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Category Archives: Domestic Violence Defense

CrimJustice2

Can My Accuser Raise New Domestic Violence Allegations Against Me in Court?

By Julia Kefalinos |

Domestic violence cases are often emotionally charged affairs. But as with any legal matter, the actual process of requesting a domestic violence injunction requires all parties to observe certain formalities. One of them is the petitioner’s duty to inform the respondent of the charges against them prior to any judicial hearing. Put another way,… Read More »

DistressedMan

How Dating Violence Injunctions Work in Florida

By Julia Kefalinos |

Florida law permits an individual to seek a court injunction to prevent future acts of “dating violence.” To qualify for such an injunction, the parties must have been in a dating relationship within the past 6 months. There are also several different types of injunctions that may be applicable. For example, Section 784.046(2)(b) of… Read More »

Advocate2

How Domestic Violence Charges Can Affect Your Probation

By Julia Kefalinos |

A domestic violence allegation can have serious consequences if you are already serving probation as the result of a prior criminal conviction. If prosecutors can prove the new allegation is true, then a judge can revoke your probation and send you to jail. And unlike a criminal trial where prosecutors need to prove a… Read More »

CrimLegal

Understanding the Line Between Persistence and “Stalking” When It Comes to a Dating Violence Injunction

By Julia Kefalinos |

In movies, characters are often rewarded for chasing after a love interest even after they tell them repeatedly to stop. In real life, such behavior is often considered “stalking” can get you slapped with a dating violence injunction. This is why you need to proceed carefully when someone tells they are not interested in… Read More »

Guns

How Florida’s New “Red Flag” Law May Affect Your Right to Own a Firearm

By Julia Kefalinos |

Following the mass shooting at Stoneman Douglas High School in Parkland, Florida, in February 2018, the Florida legislature passed new laws intended to address the ongoing problem of gun violence affecting schools. The new law authorizes law enforcement agencies to seek the removal of a person’s firearms with court approval if they pose “a… Read More »

CrimDef7

Do Past Allegations of Domestic Violence Against Another Person Justify an Injunction Today?

By Julia Kefalinos |

Domestic violence laws provide important protections for victims of actual or imminent acts of abuse. They are not designed to resolve intra-family squabbles or even address unrelated acts of abuse that occurred in the distant past. Nor should a Florida court issue a domestic violence injunction based on pure speculation about possible future abuse…. Read More »

Scales

How Dating Violence Injunctions Work in Florida

By Julia Kefalinos |

You probably know that Florida has strong laws against domestic violence. But the law also covers cases of “dating violence.” This refers to “violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature.” Generally speaking, a party may seek an injunction for dating violence up… Read More »

CrimDef1

Is a Judge Required to Accept an Uncontested Allegation of Domestic Violence at Face Value?

By Julia Kefalinos |

A domestic violence is not something you can simply ignore. If your spouse, partner, or another family member asks a judge to issue an order of protection against you due to domestic violence, you must be prepared to show up in court and defend yourself. Doing nothing may lead the court to take the… Read More »

DistressedMan

Does “Dating Violence” Require Actual Dating?

By Julia Kefalinos |

Florida’s domestic violence laws cover more than married partners or individuals who are living in the same household. A judge may also issue a domestic violence injunction where there is evidence of “dating violence,” or “violence between individuals have or have had a continuing and significant relationship of a romantic or intimate nature.” In… Read More »

CrimDef5

What “Changes in Circumstances” Justify Ending a Domestic Violence Injunction?

By Julia Kefalinos |

When a Florida court issues a “permanent” domestic violence injunction, that does not mean the order can never be changed or revoked. To the contrary, Florida law expressly allows either party to the injunction–i.e., the subject or the person who asked for it in the first place–to ask the court to modify or dissolve… Read More »

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