Allegations of domestic violence have a ripple effect that jeopardizes every aspect of the accused’s life, including child custody and visitation rights, immigration status, gun ownership and access to one’s own home. Domestic abuse cases often involve one person’s word against the others.
Criminal defense representatives at Largey Law are dedicated to protecting the rights of defendants in the criminal courts for the local residents. The former public defenders and Mount Dora domestic violence lawyers are committed to winning justice for each and every client. We fight for the removal of a domestic violence injunction against you, and we defend you against domestic assault and battery charges.
Misuse of Domestic Violence Injunctions
Domestic violence injunctions are intended to protect victims in imminent danger of harm at the hands of a spouse, intimate partner, parent, child or other member of the household. Unfortunately, we’ve seen too many cases in which the accuser views the process as an opportunity for revenge or a means of gaining the upper hand in divorce and child custody disputes. In a cruel twist, an abuser sometimes beats the real victim to the courthouse to petition for a domestic violence injunction, thus subjecting the very person who needs protection to difficult restrictions.
Challenging an Order of Protection in Court
The domestic injunction process itself puts you on the defensive. Our domestic violence attorneys in Mount Dora aggressively try to prevent the court order and seek to have it dissolved if one is already in place. We are by your side throughout the civil injunction process, which looks like this:
- The accuser files a petition for protection with the clerk of court.
- A judge promptly reviews the petition and issues a temporary injunction. This is done ex parte, which means you don’t get a chance to tell your side of the story at this point.
- You are notified of the order, and a hearing is scheduled within 15 days.
- The petitioner is given an opportunity to present evidence of risks of harm, and you can respond to those allegations with evidence to the contrary.
- If an injunction is granted, it could last for a set period — for example, one year — or may have no expiration date.
Domestic Charges for Assault and Battery
Many domestic violence arrests are based on she-said, he-said scenarios and lack physical evidence to corroborate the alleged victim’s statements. Generally, this is not enough to convict you of a serious violent crime. If police are called to your home on a domestic battery or assault complaint, remember to exercise your rights to remain silent and have an attorney present. Our dedicated Mount Dora lawyers hold the prosecution to its burden of proving the domestic violence charges against you beyond a reasonable doubt.
Call a Mount Dora Domestic Violence Attorney Today
To defend against a domestic violence injunction or a domestic battery charge, call Largey Law or reach out to the firm online to schedule your free consultation. We can meet with you at your home or at the jail. Our Mount Dora domestic violence lawyers have experience handling similar situations and could fight to minimize the consequences of your case.
