Summary

Domestic violence cases in Florida can be complex, involving both criminal and civil aspects, where injunctions may be used as leverage in disputes.

Highlights

  • Longstanding Experience: The speaker has been involved in domestic violence cases since 1995.
  • Criminal & Civil: Domestic violence can lead to both criminal charges and civil injunctions.
  • Injunction Process: Victims can petition for injunctions without a criminal case; hearings occur within 15 days.
  • Potential Abuse of Process: Injunctions can be misused as leverage in relationship disputes, especially in custody cases.
  • Impact on Families: Misuse of injunctions can alienate parents from their children, causing emotional distress.
  • Defense Capability: The speaker emphasizes their ability to defend against unjust injunctions.
  • Successful Outcomes: Many injunctions are dismissed with proper representation.

Transcript

Regarding domestic violence cases in Florida, I’ve been there since the beginning. When I was still an assistant public defender in 1995, I was assigned to the first dedicated domestic violence court in the state of Florida. That was in Miami-Dade, and I’ve been around domestic violence cases and understanding the development of the law since its inception.

Now, domestic violence cases are not only criminal cases; they can also be civil cases. An individual who believes that they have been the victim of stalking, cyberstalking, or other kinds of domestic violence can, without having a criminal case, go to the court and petition the court to have an injunction entered against an individual who has been harassing them, stalking them, or maybe even battering them in some capacity.

What happens is that an individual can file a petition, and that petition will be set for a hearing. If the judge believes there has been domestic violence, the hearing will take place within 15 days. The consequence of a judge finding that the elements of the statute have been met is that an injunction can be made permanent. An individual can then be prevented from having contact with or going within 500 feet of the person seeking relief.

Now, what we sometimes see—more often than not—is that these petitions for domestic violence injunctions are used as a tool to gain leverage in situations where a relationship, or even a marriage, has deteriorated. Sometimes, though not always, one parent might file on behalf of a minor child, which can result in alienating and disenfranchising the other parent from being able to have contact with their children. That is such a heavy burden, and it is often used as leverage to get an outcome that might not otherwise be obtained.

Because the individual is so filled with despair at not being able to see their children, they may capitulate and give in to remedies in their case. So, while it can be used as a weapon, it can also be used as a shield. Unfortunately, it can sometimes be used unfairly.

I’m grateful to be in a position where we can see through that. We can put up a defense, and more often than not, in the injunction cases where I am hired to represent individuals, we are able to get these injunctions to go away.