Thomas C. Grajek, Attorney At Law | February 4, 2025 | Domestic Violence
If you’re a defendant accused of domestic violence in Florida, you may face the possibility of someone seeking a restraining order against you. Understanding how these orders work and the kinds of evidence a court may require can help you better prepare your defense.
Types of Restraining Orders
Florida recognizes five types of restraining orders, also known as injunctions. Each serves a different purpose and applies in different scenarios, but all share the same objective of keeping specific individuals apart.
Domestic Violence and Other Violence-Related Orders
When family or household members are involved in an alleged incident, petitioners often seek an injunction for protection against domestic violence. For other physical or sexual violence cases, victims can file for an injunction against repeat violence, dating violence, or sexual violence. The main distinction is the nature of the relationship between the parties, and the type of harm claimed.
The court examines details like whether the two people have a domestic relationship, were in a dating relationship, or had repeated conflicts. These specifics guide which type of legal protection the accuser may request. The judge will look at the history between you and the accuser, any past disputes, and any sworn accounts of violence.
What Evidence Does the Court Look For?
When you’re facing a restraining order in Florida, it helps to know the types of proof a judge may consider. Your criminal defense attorney in Lakeland can try to argue your innocence once you have a full hearing, but below are some primary forms of evidence that play a role:
911 Calls or Audio Recordings
Recordings from emergency calls or voicemails left by either party can carry weight in determining whether you pose a legitimate threat. The court listens for any indications of fear or escalating aggression. If the content of these recordings supports the petitioner’s claims, it can be used against you.
Police Reports
Police reports often serve as a significant source of information. They can detail the incident in question, including any accounts from both parties and bystanders. If officers were called to the scene multiple times, the judge would likely consider that pattern of harm and assess credibility.
Medical Records
If the person seeking the injunction claims physical harm or emotional distress, medical reports or mental health evaluations may be introduced to prove those injuries or symptoms. This could include doctor’s notes, x-rays, or any recommended follow-up care. Even minor injuries a family or household member shows can become relevant when determining whether a threat exists.
Witness Statements
Statements from neighbors, friends, or family who saw or heard the alleged incident leading up to the restraining order can carry weight in the courtroom. These individuals can describe what happened before, during, or after the dispute. The court can also consider witness testimony to decide if there’s a history of similar incidents.
Digital and Electronic Evidence
With the rise of smartphones and social media, texts, emails, and messages on various platforms can be critical pieces of evidence. The court looks at messages that suggest harassment, threats, or ongoing tension. Posting about the other person on social media might be used to show an intent to intimidate or persistently contact them.
Prior History of Violence or Threats
If there has been any documented violence or threats in the past, the judge may see this as a pattern of behavior. Old police reports, prior restraining or protective orders, or even an arrest record can all come into play. Demonstrating repeated episodes of abuse could increase the chances of a new injunction being granted.
Contact a Lakeland Domestic Violence Lawyer at Thomas C. Grajek, Attorney At Law Today For Help
For more information, please contact the Lakeland domestic violence attorneys at Thomas C. Grajek, Attorney At Law, for a consultation. We serve all areas in Lakeland, Polk County, and throughout Florida.
Visit our convenient location:
Thomas C. Grajek, Attorney At Law
112 E Poinsettia St
Lakeland, FL 33803
(863) 688-4606