Law Office of J. Shawn Hunter, P. A.
Domestic Violence - Imminent Danger
232 Hillcrest Street
Orlando, Florida 32801
attorney@jshawnhunter.com
Phone: 407-246-0280
Fax: 407-246-0381
Domestic Violence - Imminent Danger
Disclaimer: The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. Also, please be advised that no communication resulting from your use of this web site will create an attorney-client relationship. In order to create an attorney-client relationship you will need to meet with the attorney and sign a separate written retainer agreement. The information you obtain at this site is not, nor is it intended to be, legal advice. The law may change over time such that information obtained on this website may be inaccurate or out-of-date. Accordingly, you should not rely on the information on this website as legal advice. You should consult an attorney for individual advice regarding your own situation.741.30(1)(a) Any person described in paragraph (e), who is either the victim of domestic violence as defined in s. 741.28 or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence, has standing in the circuit court to file a sworn petition for an injunction for protection against domestic violence.
741.30(6)(b) In determining whether a petitioner has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence, the court shall consider and evaluate all relevant factors alleged in the petition, including, but not limited to:
1. The history between the petitioner and the respondent, including threats, harassment, stalking, and physical abuse.
2. Whether the respondent has attempted to harm the petitioner or family members or individuals closely associated with the petitioner.
3. Whether the respondent has threatened to conceal, kidnap, or harm the petitioner's child or children.
4. Whether the respondent has intentionally injured or killed a family pet.
5. Whether the respondent has used, or has threatened to use, against the petitioner any weapons such as guns or knives.
6. Whether the respondent has physically restrained the petitioner from leaving the home or calling law enforcement.
7. Whether the respondent has a criminal history involving violence or the threat of violence.
8. The existence of a verifiable order of protection issued previously or from another jurisdiction.
9. Whether the respondent has destroyed personal property, including, but not limited to, telephones or other communications equipment, clothing, or other items belonging to the petitioner.
10. Whether the respondent engaged in 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.
In making its determination under this paragraph, the court is not limited to those factors enumerated in subparagraphs 1.-10.