Consequences of a Domestic Violence Injunction
Often times, men in Tampa that are served with a domestic violence injunction do not understand the severity of the situation. Most men in Tampa Bay will do a little research and learn that a domestic violence injunction is a civil matter, and not criminal, so they think, "How bad could it be?"
Before I go into full detail about domestic violence injunctions, and the process for getting one, here are some of the consequences that a final domestic violence injunction can have:
-An injunction could give the mother temporary full-custody of all minor children. This means no contact with your children or else you will be arrested and jailed.
-Child support could be ordered based on the mother having 100% temporary custody. For a man with two children making $50,000 dollars per year and a stay-at-home-mom, this could mean a monthly child support obligation of $1,100 per month.
-The injunction could give the woman or mother exclusive use of the home. Often, men only get 15 minutes to get what they need from their home before they must leave.
-State and Federal law prohibits people with a domestic violence injunction against them from possessing firearms and ammunition. If you have any firearm, you must surrender them, and you cannot buy a firearm.
-An injunction can severely affect men that are law enforcement officers or in the military. In some cases, it could end your employment with them.
-An injunction can greatly impact a man’s ability to join the military, or law enforcement agencies.
-Even though domestic violence injunctions are a civil matter, they appear in criminal record background checks. This can greatly impact one’s ability to get a good-paying job, especially state and federal government jobs.
-If the petitioner for the domestic violence injunction is a co-worker, then a man could very well lose his job, as he is unable to go to work if she is there.
-Men with professional licenses would have to report the injunction to any governing body or board, and this could impact licensure.
-Could impact one’s ability to enroll in a public university (especially nowadays), or receive funds to do so.
-In a divorce or child custody case, this could give the mother a distinct advantage when it comes to timesharing with the children (discussed in detail below).
-Evidence of domestic violence could trigger the Florida Department of Child and Families' involvement. And if you have kids, you absolutely do not want DCF poking their heads around looking for a reason to remove your children from your care.
-Could result in an order to attend a Batterer’s Intervention Program, at your expense.
All of these consequences could go into effect as a result of a 20-30 minute evidentiary hearing. It happens all the time. And when one side doesn’t have a domestic violence attorney to represent their interests, the hearings are often short-lived.
For the vast majority of Tampa men, most of the above consequences would apply to them. This is why domestic violence injunctions are serious business, and why men in Tampa Bay should treat them accordingly. If you have been served with a temporary injunction, you need to contact a domestic violence injunction lawyer as quickly as possible, as the return hearing for the permanent domestic violence injunction is usually held within 15 days of service.
The Scope and Impact of Domestic Violence Injunctions
During a divorce or child custody dispute, emotions can run rampant and can put men at risk of inadvertently committing an act considered a domestic violence battery, or being falsely accused of one in order for the other party to gain an advantage. The latter does happen, and in some extreme instances, upon the advice or innuendo from unscrupulous attorneys.
“Inadvertently” committing a domestic violence being used to describe situations where some men would not think their actions could be considered domestic violence (DV). For example, if a man is involved in a heated verbal altercation with his wife and wants to remove himself from the situation before it escalates, and his wife is blocking the exit to the room, if he brushes past her shoulder in order to leave, then this could constitute a DV battery and have a serious negative impact on his divorce or custody dispute.
If a man is involved in a divorce, custody dispute or other family law issue, then it could prove beneficial to consult an attorney in order to educate himself on the nuances in the law in order to better protect himself from inadvertently committing domestic violence or being falsely accused of it. This is especially important when the parties involved have/are co-habitating, or have a child in common.
And certainly, if a man has been served with a temporary domestic violence injunction, then he must aggressively fight it, otherwise it could become final and permanent, and this has severe consequences. If you have been served with a temporary injunction in Tampa Bay, then it is critical that you consult with a domestic violence injunction attorney.
Domestic Violence Battery
Domestic Violence battery in Florida is defined as any actual and intentional striking or unwanted touching, or the intentional causing of bodily harm, to a person that is a “family or household member.”
The term “family or household member” is broad and can include:
- Current Spouse
- Former Spouse
- Individuals related by blood
- Individuals living together as a family
- Individuals that have lived together as a family in the past
- People that have a child in common
With the exception of people that have a child together, Florida statute requires that members of this category be currently living together in a single dwelling unit, or have done so in the past. For those that only have a child in common, there is no requirement that they have ever resided together in a single dwelling unit.
Again this is a broad category, and just like what may actually constitute a DV battery, it is far more extensive than the average man probably believes.
Once a person has committed a DV battery, or other form of DV, including any type of assault, stalking, kidnapping, false imprisonment, or other offense resulting in physical injury or death, then the results can be devastating for his divorce or family law issue. Not to mention the criminal liability.
Even in the event of a relatively weak domestic violence accusation, many judges are hesitant to not take any action.
Domestic Violence Injunctions
Temporary/Ex Parte Injunction aka Restraining Order
In Florida, a person usually files a petition for protection against domestic violence (DV) with the clerk of court. The petition contains the details of the accusation or threat and is reviewed by a judge. If the judge decides there is immediate or present danger of DV, then he will grant a temporary injunction. The judge has fairly broad discretion when making this determination.
This “ex parte” injunction usually lasts no longer than 15 days and takes effect once the alleged abuser has notice. This type of injunction is unique in that the alleged abuser does not have to be present and the accuser does not have to testify in order for a judge to order it.
Once in effect, the temporary order can:
- Give the accused a no-contact order with the accuser
- Give the accuser exclusive use and possession of the marital home
- Give the accuser up to 100% custody of any children
Within 15 days of a temporary injunction taking effect, or even if it wasn't ordered to begin with, based on the initial petition, the reviewing judge will usually order a hearing to determine if ongoing protection should be entered.
Domestic Violence Final Injunction
This involves a full hearing and the accused usually must be present. The hearing may involve the introduction of evidence, witness testimony, cross-examination of parties or witnesses, and closing arguments. Upon the conclusion of the hearing the judge will determine if there is sufficient evidence to order a permanent injunction.
This permanent injunction may or may not have a set expiration date, and it can expand the scope of the temporary injunction to include establishing a temporary child support obligation. Most importantly, this injunction can severely limit child-custody and visitation for a long period of time.
In addition to the injunctions, the accused may also face criminal charges.
Impact on Custody
The order of a temporary or permanent domestic violence injunction, or even the accusation of DV, can have a serious impact on a man's ability to enjoy custody of his children. In Florida, judges begin custody decisions with a presumption that both parents should share custody unless it would not be in the best interest of the child.
If a man has been convicted of DV then there is a rebuttable presumption that it would be detrimental to the child to award him custody. It is then his burden to prove to the court that his custody would not be a detriment to his children. Even if there is no conviction, a judge may still consider evidence of such when making a child custody determination.
The bottom line is that the presence of a domestic violence conviction, injunction or accusation can make divorce or custody disputes much more difficult for men. The best solution is to know your rights and protect yourself from situations that could put you at risk from either committing an act of domestic violence or being falsely accused of one.
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