Domestic Violence, Injunction, and Restraining Order Attorneys
Domestic Violence, Injunction, and Restraining Order cases require immediate action, careful attention, and experienced legal guidance. At Levinson & Capuano, LLC, our attorneys have decades of experience in both defending against injunctions and advocating compassionately for victims and survivors. We understand the emotional toll and legal complexity these cases carry, as well as the safety, protection, and relief offered under Florida law.
How does Florida define Domestic Violence?
Florida Statute §741.28 defines domestic violence as any criminal offense resulting in physical injury or death committed by one family or household member against another. This includes:
- Assault and aggravated assault
- Battery and aggravated battery
- Sexual assault and sexual battery
- Stalking and aggravated stalking
- Kidnapping and false imprisonment
- Any other offense causing physical harm or fear of imminent danger
Family or household members include spouses, former spouses, relatives by blood or marriage, co-parents, individuals who currently or previously lived together as a family, and persons who are parents of a child in common regardless of whether they have been married.
If you are the victim of Domestic Violence in Florida, here is a link our guide: Petitioner’s Guide to Domestic Violence in Florida
Types of Injunctions We Handle
In Florida, Courts may enter Temporary Injunctions, also known as a temporary restraining order, which provide immediate protection, and may be granted without the accused being present. Final Injunctions, which require service, notice, and a court hearing, provide more durable protection.
Our attorneys represent clients seeking or defending against:
- Domestic Violence Injunctions
- Repeat Violence Injunctions
- Dating Violence Injunctions
- Sexual Violence Injunctions
- Stalking Injunctions
- Cyberstalking Injunctions
- Injunctions on behalf of minor children
- Injunction for protection against exploitation of a vulnerable adult
- Risk Protection Order
Whether you need protection or have been wrongfully accused, our attorneys act quickly to evaluate the circumstances and safeguard your rights.
What a Florida Injunction Can Do
A Florida injunction may:
- Prevent contact
- Remove a person from a shared residence
- Establish temporary custody or timesharing
- Restrict firearm possession
- Provide temporary financial support
- Protect pets and service animals
- Require a party to attend intervention or counseling programs
Our experienced attorneys can help you evaluate the facts of your case and understand what is realistic, what is enforceable, and what steps to take next.
Domestic Violence and Family Law
In Florida, domestic violence allegations can significantly influence divorce and child related matters. In furtherance of promoting the safety and best interests of the minor children, Florida courts may:
- Limit or deny time-sharing to a parent with a history of abuse
- Order supervised time-sharing to protect the child
- Award sole parental responsibility to the parent victim
- Modify existing parenting plans
Even without a criminal conviction, credible evidence like police reports, medical records, or witness testimony may be considered and can influence a Court’s decision.
In Florida Divorce cases, domestic violence can affect:
- Contact: An injunction may prevent or limit communication or contact between the parties or child during the divorce.
- Child Support: While the income of the parties is essential to calculate child support, a parent facing an injunction, with limited or no overnight time-sharing, will usually pay more child support.
- Alimony: Victims may receive additional support
- Property Division: Courts may remove a party from the home or award a larger share of the marital estate to the abused spouse
If you have been accused of Domestic Violence or are defending against an injunction, it is important to engage counsel quickly, as “return hearings” are usually scheduled within a couple weeks. Our injunction attorneys have extensive experience defending clients facing these serious allegations. Whether the claims are false, exaggerated, or misunderstood, our injunction attorneys evaluate the evidence to best develop defense strategies, protecting your freedom, rights, and reputation.
Schedule a Consultation
To speak to one of our experienced attorneys about your family law matter, please call us at (954)703-2110 or Click Here to Contact Us.