Domestic Violence Injunctions Have Serious Consequences in Tampa Bay

Why Tampa Men Must Deal With Domestic Violence Injunctions

By Thor Hartwig, a Domestic Violence Attorney in Tampa, Florida

Often times, when men in Tampa first get served with a temporary domestic violence injunction, they do not take it as seriously as they should. This is especially so when it comes to false allegations of domestic violence.

Most men in Tampa Bay are pragmatic and they have trust in the legal system: If they didn’t do anything alleged in the petition for the domestic violence injunction, then they can simply go into the injunction final hearing and explain the situation to the judge. And then all will be understood and the domestic violence injunction will be done with.

Then the judge slaps him with a permanent final injunction and he is stunned. This happens all the time.

That is a reasonable way to approach a situation when you have done nothing wrong. But here are the problems with this:

-Florida Domestic Violence Injunctions are held in civil court, not criminal court.

-Some women have incentives to lie in court.

-There is a trend to err on the side of caution and grant final domestic violence injunctions.

Because domestic violence injunctions are a civil matter, there is a much lower burden of proof than in criminal cases. In criminal charges, the burden is “beyond a reasonable doubt.” This is the highest burden that must be established for a judge to assign guilt.

When you see this look, best to walk away!

In domestic violence final injunction hearings, the burden is much lower. To grant relief, including a permanent injunction, the judge must find that “it appears to the court” that petitioner is “either the victim of domestic violence . . . or has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence.” §741.30(6)(a), Florida Statutes.

“Appears to the court” is a burden of proof that can be met fairly easily when people go on the stand and are willing to lie.

And as discussed here, many women have an incentive to lie, as it gives a distinct advantage when going for child custody during divorce, or when a man is simply trying to establish his paternity and custody.

Further, because domestic violence injunctions aren’t criminal, there seems to be a trend in case law that gives judges the latitude and discretion to err on the side of caution.

When it simply comes down to a “he said, she said” evidentiary hearing, then many judges do not want to be the one that doesn’t grant an injunction on behalf of a woman, or mother, only to have her later be the victim of a much worse crime.

And that makes sense, to a certain degree. At least on paper. Judges are mostly voted-in, after all.

But to the man that is impacted as a result of the final domestic violence injunction, this is no simple matter. A permanent domestic violence injunction can literally destroy a man’s life.

Here are some of the consequences of a final domestic violence injunction being entered:

-An injunction could give the mother temporary full-custody of all minor children. This means no contact with your children or else you will be arrested and jailed.

-Child support could be ordered based on the mother having 100% temporary custody. For a man with two children making $50,000 dollars per year and a stay-at-home-mom, this could mean a monthly child support obligation of $1,100 per month.

-The injunction could give the woman or mother exclusive use of the home. Often, men only get 15 minutes to get what they need from their home before they must leave.

-State and Federal law prohibits people with a domestic violence injunction against them from possessing firearms and ammunition. If you have any firearm, you must surrender them, and you cannot buy a firearm.

-This can severely affect men that are law enforcement officers or in the military. In some cases, it could end your employability.

-This can greatly impact a man’s ability to join the military, or law enforcement agencies.

-Even though domestic violence injunctions are a civil matter, they appear in criminal record background checks. This can greatly impact one’s ability to get a good job, especially a government job.

-If the petitioner for the domestic violence injunction is a co-worker, then a man could very well lose his job, as he is unable to go to work if she is there.

-Men with professional licenses would have to report the injunction to any governing body or board, and this could impact licensure.

-Could impact one’s ability to enroll in a public university (especially nowadays).

-In a divorce or child custody case, this could give the mother a distinct advantage when it comes to timesharing with the children.

-Could result in an order to attend a Batterer’s Intervention Program, at your expense.

All of these consequences could go into effect as a result of a 20-30 minute evidentiary hearing. It happens all the time. And when one side doesn’t have a domestic violence attorney to represent their interests, the hearings are often short-lived.

For the vast majority of men, most of the above would apply to them. This is why domestic violence injunctions are serious business, and why Tampa men should treat them accordingly. If you have been served with a temporary injunction, you need to contact a domestic violence injunction attorney as quickly as possible.

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Time is of the essence because if there were police involved, then there are steps that need to be taken to throw-out a false-abuse allegation. In most Tampa and Hillsborough law enforcement agencies, it takes up to 10 days to subpoena a police officer to testify at a domestic violence injunction final hearing.

Most men get served with less than 14 days until the domestic violence injunction final hearing. This does not leave much time to dwell on the issue. Again, if you have been served with a temporary domestic violence injunction then you need to contact a domestic violence attorney now so you can take all necessary steps to build your defense.

And for men that are victims of domestic violence, do not be ashamed or afraid to consult an attorney regarding your rights. Male victims can be less inclined to report domestic violence at the hands of women, but their remedies remain the same.

But if you wait too long before filing for a domestic violence injunction, the “imminent” requirement could be gone, and men tend to need a much tighter case when getting a permanent domestic violence injunction against a woman.

Florida Definition of Domestic Violence and Key Terms:

IN ORDER TO FILE A PETITION FOR AN INJUNCTION, THE PETITIONER MUST BE A VICTIM OF DOMESTIC VIOLENCE OR BE IN IMMINENT DANGER OF BECOMING A VICTIM OF DOMESTIC VIOLENCE. §741.30(1)(a), Florida Statutes.

Domestic violence includes: any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, (including cyber-stalking) aggravated stalking, kidnapping, false imprisonment, or any other criminal offense resulting in physical injury or death of one family or household member by another family or household member. §741.28(2), Florida Statutes.

“Household Member” includes: 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.

In determining whether Petitioner has “reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence,” the court must consider all relevant factors alleged in the petition for injunction for protection against domestic violence, including, but not limited to:

-The history between the petitioner and the respondent, including threats, harassment, stalking, and physical abuse.

-Whether the respondent has attempted to harm the petitioner or family members or individuals closely associated with the petitioner.

-Whether the respondent has threatened to conceal, kidnap, or harm the petitioner's child or children.

-Whether the respondent has intentionally injured or killed a family pet.

-Whether the respondent has used, or has threatened to use, against the petitioner any weapons such as guns or knives.

-Whether the respondent has physically restrained the petitioner from leaving the home or calling law enforcement.

-Whether the respondent has a criminal history involving violence or the threat of violence.

-The existence of other protective orders.

- Whether the respondent has destroyed personal property, including, but not limited to, telephones or other communications equipment.

- Any other behavior or conduct that leads the petitioner to have reasonable cause to believe that he or she is in imminent danger of becoming a victim of domestic violence.

A good domestic violence attorney in Tampa will know how to interpret these statutes, and combined with using established case law, give you the best possible chance of having the domestic violence injunction being denied.