When a Jacksonville Court is deciding whether or not to issue a Jacksonville Restraining Order by granting a petition for an injunction against domestic violence, the court will look to the factors listed in Florida Statute Section 741.30(1)(a). This Florida law states that the court should consider whether the Respondent:
- committed or threatened to commit domestic violence;
- previously threatened, harassed, stalked, or physically abused the petitioner;
- attempted to harm the petitioner or family members or individuals closely associated with the petitioner;
- threatened to conceal, kidnap, or harm the petitioner’s child or children.
- intentionally injured or killed a family pet;
- used, or has threatened to use, against the petitioner any weapons such as guns or knives;
- physically restrained the petitioner from leaving the home or calling law enforcement;
- has a criminal history involving violence or the threat of violence (if known);
- has another order of protection issued against him or her previously or from another jurisdiction (if known);
- destroyed personal property belonging to the petitioner; or
- engaged in any other behavior or conduct that leads the petitioner to have reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence.
When working on a Jacksonville Domestic Violence Injunction case, I grow through all of these factors to determine whether or not the Petition has establish grounds for the injunction and the best way to defend against it (Read Jacksonville Restraining Order Denied in Alleged Domestic Violence Case).
In some cases, the Petitioner will hire me to obtain the injunction. In that case, it is important to make sure that I have the necessary proof, so the Court may grant the Jacksonville Petition for an Injunction.