When Can a Judge Enter a Domestic Violence Injunction Against You in West Palm Beach Florida?

           Florida law states that a judge can enter a domestic violence injunction when it appears to the judge that the person asking for the injunction is:

 

          1.  Either a victim of domestic violence; or

 

          2.  The judge "has reasonable cause" to believe that the person asking for the injunction is in "imminent danger of becoming a victim of domestic violence."

 

          Therefore, if the person asking for the injunction is neither a victim of domestic violence nor is in imminent danger of becoming a victim of domestic violence, then the judge deciding the case should not enter an injunction.

 

          In one Florida case, a judge entered a domestic violence injunction because she believed that the parents were improperly using their child to help solve their marital difficulties.  However, the appellate court reviewing that decision ruled that the judge should not have done that because that was not a legal reason for issuing an injunction.

 

          If someone is asking a judge for a domestic violence injunction against you, call me at 561-832-4348.

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