Getting an injunction in Jacksonville is a civil matter, not a criminal one. That means in injunction court, there is no determination of guilt in a domestic battery situation.
A court can issue an injunction when it appears that the person seeking the injunction 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 battery. The court has to make the determination whether or not the alleged victim’s fear is reasonable. Some factors that the court considers are:
1. The current accusations of domestic violence.
2. The parties’ behavior within the relationship.
3. The history of the relationship as a whole.
More times than not, injunctions are granted because most courts don’t want to take any chances when someone says they are in fear and accuses someone of violence. Our Jacksonville Criminal Defense Law Firm handles many injunctions that come along with a criminal domestic battery case. If you are either the respondent or petitioner, everything you say in an injunction hearing in Jacksonville is recorded and can be used against you in the criminal case. That is why it is so important to consult with a Jacksonville Domestic Battery Attorney about your case.