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“Why did my wife call it ‘Domestic Violence’ instead of simple ‘battery’ like it always was? A. “Marriage, by definition, is ‘domestic,’ and it certainly does ‘violence’ to your independence :) * but #domesticviolencelawyer John Castellano gives you the real answer:

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“Seriously, domestic violence is really nothing we ought to be joking about. I’ll apologize if I offended any victims out there, *but it’s equally true that I just got your attention and this too is important, since I’d like to share with ALL of you some very important updates in the domestic violence laws in Florida.” — #Floridacriminaldefenseattorney John Castellano

“The domestic violence ‘statutes’ (fancy word that the Legislature chooses to use instead of using the word, ‘laws’) have changed dramatically in Florida over the past several years. Check out the domestic violence statute yourself, which I’ll repeat for you right here:

Domestic violence has more than one definition, as you’ll also see:

Florida Statute 741.28 defines domestic violence as ‘any assault, battery, sexual assault, or any criminal offense resulting in physical injury or death of one family or household member by another who is or was residing in the same single dwelling unit.’

“As you can quickly discern from the words ‘household members’ and the phrase ‘residing in the same single dwelling unit, the relationship here does NOT need to be one of ‘marriage,’ or even between a man and a woman; and obviously, therefore, the law applies equally to assaults or batteries between two lovers of the same sex, or between a mother and a son or daughter, or a father and a son or daughter, or between siblings too.” — #FortLauderdalecriminaldefenselawyer John Castellano

According to the Florida Department of Law Enforcement (FDLE), the most common type of domestic violence is simple assault, which made up for 77.2% of the domestic violence offenses in 1995. Of those simple assault offenses, 75.9% of the victims were female while 24.1% were male. (Source: http://www.fdle.state.fl.us/FSAC/Publications/SACNotes/domestic_violence_94-95.asp)

“The Florida statutes also provide for the victim’s temporary or permanent relief by way of what they call temporary or permanent injunctions, also commonly known as restraining orders. To secure protection against any sort of purported domestic violence, a family or ‘household member’ MUST file a formal ‘petition’ at the courthouse, which will then be reviewed by the Judge. The Judge will determine whether the allegations in the petition (which must be sworn to, meaning ‘attested to’ or notarized, under oath) are sufficient to establish the basis for the restraining order or injunctive relief.” — #domesticviolencelawyer John Castellano

“The complainant (also referred to as the ‘petitioner’) or individual who claims to have suffered the abuse (the assault or battery) MUST establish that they are ‘in fear,’ even if there are NO prior acts of actual domestic violence. The alleged abuser is often called the ‘respondent’ inasmuch as they are required to ‘respond’ to the petition, answering the allegations of purported domestic violence.” — #Ft.Lauderdalecriminallawyer John Castellano

“It sounds crazy, but the laws in Florida have changed insofar as NO prior acts of violence need to be alleged ( and it may be true that NONE actually ever occurred) BEFORE the ‘victim’ or ‘Petitioner’ files the Petition … IF the petitioner advances the ‘fact’ that they now experience a legitimate or reasonable, well-founded FEAR that an assault or battery (the professed ‘domestic violence’) is seemingly imminent, or could happy at any moment.” — #Floridadomesticviolence lawyer John Castellano

“A Judge will hold a hearing to determine whether or or not the petitioner’s fears — based upon the allegations AND the testimony AT the hearing, are reasonable. The alleged ‘victims’ of domestic violence, i.e., those petitioners who claim to be in fear of imminent violence, are required to file their petition — which MUST speak with real specificity as to the alleged facts and the conduct alleged, in the correct courthouse, i.e., the courthouse where the players (the parties, petitioner and respondent) are then living, or the petition may be filed where the acts of violence are alleged to have occurred.” — #FortLauderdalecriminaldefenseattorney John Castellano

“The Judge has the unadulterated right and discretion to sign what is commonly referred to as an ‘ex-parte temporary injunction,’ which is a temporary order ‘enjoining’ the alleged abuser (let’s pretend it’s YOU) from having any contact with the victim or petitioner … and this is done — and it’s enforceable, BEFORE the actual hearing on any of the allegations as to your conduct.This temporary order is good for fifteen (15) days … AND if THAT were not enough to change your life, this ‘temporary injunction (i.e., temporary order keeping you away from the person) may be ‘extended.’ This can be extended ALL the way to PERMANENT.” — #Christianlawyer John Castellano

“Later, if the parties end up reconciling, for example, they may want to ‘amend’ or ‘modify’ the previously-issued, ‘PERMANENT restraining order’ or ‘permanent injunction.’ To do that, they need to file ANOTHER petition with the same court (sometimes a different Judge presides in that SAME ‘Division’ in the same courthouse) and it is typically only successful IF both the petitioner AND the respondent appear and testify at a hearing on this new ‘Petition to Modify Restraining Order.

The Judges are naturally more interested in the testimony of the alleged victim or Petitioner, needing to satisfy their own conscience, that the circumstances in the lives of the parties have changed enough, such that the victim/Petitioner is no longer in fear; and let’s face it, the Judge will ONLY grant the petition to modify IF the Judge actually believes the Petitioner. The reason for this? Everyone — including EVERY Judge in America, remembers that Nicole Brown Simpson purportedly signed five (5) separate ‘waivers of prosecution’ or requests to modify restraining orders, BEFORE she ultimately had her throat cut and was murdered.” — Florida #federalcriminallawyer John Castellano

“The real problem, for most respondents, with these temporary injunctions and temporary restraining orders? They need to get back into the house to get their clothes to go to work, for example, and when they even ATTEMPT to do so, they’re arrested on the separate crime called ‘Violation of a Restraining Order or Injunction,’ causing them to then get carted off to jail where they can’t bond out until someone posts the bond of 3,500!” — Ft. Lauderdale criminal defense lawyer John Castellano

“The same thing happens, as another example, if the fellow simply calls his wife or girlfriend and asks, ‘Honey, why did you do this?’ That call, in and of itself, is a violation of the temporary restraining order, and he will be arrested and go to jail … and again, he can’t be bonded out of jail until someone posts the $3,500 bond. The same thing is you reverse it, and the wife or girlfriend calls HIM, and it was the man who had sought the restraint order in that case. She is off to see the wizard if she makes that same call,or stops by the house to get her clothes or make up or car keys.” — #Floridadomesticviolence lawyer John Castellano

“If you’re the manor woman on the wrong end of a restraining order or an injunction, you’ll suffer a lot of serious restrictions on your own liberty and freedom, for example, ‘no contact within 500 feet of the petitioner,’ and it will keep you from not only going ‘home’ to your shared ‘home (referred to in the statute as your ‘shared dwelling’) but it will keep you away from the petitioner’s place of employment, school, and even OTHER places expressly indicated by the Judge; and worse yet, these restraining orders and injunctions often keep you away from your own minor children (unless you get into court immediately to modify the restraining order to allow for visitation of the children somewhere else, at another place AWAY from the petitioner’s ‘home,’ your former ‘home) … ” — Floridacriminallawyer John Castellano

Please know that I will help you and your loved ones with these issues — or with any other legal issues, and feel free to call me anytime at the law office @ 954 766 8810. I am, always thereof or you and your family,

John Castellano

Law Office of John M. Castellano, P.A.
1112 S.E. 3rd Ave.
Fort Lauderdale, FL 33316
954 766 8810

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About the Author:

John M. Castellano is a Fort Lauderdale criminal defense attorney who has helped thousands of clients throughout Florida. While building a reputation as a premiere Fort Lauderdale DUI attorney, Mr. Castellano has worked tirelessly to develop strategies to best protect the rights of those arrested for DUI in Broward, Dade and West Palm. However, Mr. Castellano is not just a drunk driving lawyer. He has been a successful domestic violence attorney, drug trafficking attorney, as well as all other Felony and Misdemeanor cases.

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