After someone is charged with domestic violence, they may be subjected to a number of conditions, including an order that requires them to stay away from the victim.
Local news for Okaloosa County reported on a domestic violence injunction against a Destin man, which was kept in place despite appeals.
Motion to dismiss a domestic violence injunction denied
The situation began when the suspect’s wife filed for the injunction the same day that he hit his teen daughter and her dog. The judge assigned to the case granted the wife’s request for an injunction the same day. The suspect was also charged with crimes for child abuse and cruelty to animals at this time.
The suspect’s lawyer later filed a motion to dismiss the injunction for several reasons. The attorney said that the suspect is already subject to another redundant order that prevents him from contacting his daughter, and the family has received unwanted attention from the media and others after the incident. One of the protective orders is from a dependency case that is unrelated, while separate orders were generated for the criminal case against the defendant and another for the domestic violence incident. The judge stated that he still believes all of the orders are necessary to protect the child.
The suspect and his ex-wife have been in and out of the local courts due to custody issues since 2005. His former wife was not present at the most recent hearing for the motion to dismiss. During arguments, the attorney for the suspect argued that he has been seeking counseling and mental health treatment. He also emphasized his clients remorse and desire to lead a normal crime free life.
The judge declined to grant the order at the time of the hearing, but he did open the possibility that he could revisit the motion when the criminal and domestic violence cases are resolved. No date was given for when the cases could possibly be adjudicated.
Getting legal assistance after an incident of domestic violence
Domestic violence is a serious issue due to a number of factors. Both the victim and perpetrator live together, which means that the likelihood of multiple instances of illegal behavior increases. Victims can also attempt to file a restraining order or get some other kind of injunction against the suspect that prevents them from making contact with the victim, whether in person or through calls or emails. In addition to these restrictions, the person subject to the order may sometimes have to leave their own homes or move. The record of the order can also emerge if the person subject to the order attempts to buy a firearm or apply for certain kinds of jobs.
Destin domestic violence lawyers can discuss your personal situation and provide advice regarding the best strategy for success. Without legal help, it is unlikely that an injunction related to a domestic violence case will be removed or modified.
Speak with a local attorney in Destin Florida
Attorneys at ASG Legal are available to provide expert guidance to clients in the Destin area.