Domestic Violence
"Domestic violence" means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
"Family or household member" means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
When it appears to the court that an immediate and present danger of domestic violence exists, the court may grant a temporary injunction ex parte, pending a full hearing, and may grant such relief as the court deems proper, including an injunction:
Restraining the alleged offender from committing any acts of domestic violence.
Awarding to the victim the temporary exclusive use and possession of the dwelling that the parties share or excluding the alleged offender from the residence of the victim.
Granting to the victim temporary custody of a minor child.
Upon notice and hearing, when it appears to the court that the petitioner is either the victim of domestic violence as defined by 741.28 or has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence, the court may grant such relief as the court deems proper, including an injunction:
Restraining the alleged offender from committing any acts of domestic violence.
Awarding to the petitioner the exclusive use and possession of the dwelling that the parties share or excluding the alleged offender from the residence of the victim.
Awarding temporary custody of, or temporary visitation rights with regard to, a minor child or children of the parties.
Establishing temporary support for a minor child or children or the victim.
Ordering the alleged offender to participate in treatment, intervention, or counseling services to be paid for by the alleged offender.
Referring a victim to a certified domestic violence center.
Ordering such other relief as the court deems necessary for the protection of a victim of domestic violence, including injunctions or directives to law enforcement agencies, as provided in this section.
In determining whether a petitioner has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence, the court shall consider and evaluate all relevant factors alleged in the petition, including, but not limited to:
The history between the victim and the alleged offender, including threats, harassment, stalking, and physical abuse.
Whether the alleged offender has attempted to harm the victim or family members or individuals closely associated with the victim.
Whether the alleged offender has threatened to conceal, kidnap, or harm the victim’s child or children.
Whether the alleged offender has used, or has threatened to use, against the victim any weapons such as guns or knives.
Whether the alleged offender has physically restrained the victim from leaving the home or calling law enforcement.
Whether the alleged offender 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 alleged offender has destroyed personal property, including, but not limited to, telephones or other communications equipment, clothing, or other items belonging to the victim.
Whether the alleged offender engaged in any other behavior or conduct that leads the victim to have reasonable cause to believe that he or she is in imminent danger of becoming a victim of domestic violence.
Please feel free to contact our law firm to discuss your family law issue. While the circumstances of each case are different and may require different courses of action, regardless of the method chosen, the goal remains the same - to secure the best possible resolution for the client.
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