Domestic Violence cases are either civil or criminal. Civil domestic violence cases are when someone petitions the court for a permanent injunction against another person. This is also known as a restraining order. Criminal domestic violence cases are criminal charges, but are characterized by the relationship between the accused & the alleged victim. Usually, criminal domestic violence charges consist of one or a combination of the following:

• Battery
• Assault
• Stalking
• Obscene phone calls
• Violation of a domestic violence injunction order
• Aggravated battery
• Aggravated assault
• Aggravated stalking

Restraining Orders

A restraining order is a court order, filed by one individual against another, that requires an individual to refrain from performing certain acts. For example, an individual may be restrained from entering property, harassing others or transferring bank accounts.

When determining whether to grant a restraining order, a court gives notice to all parties involved which provide s each party an opportunity to explain their position. In situations where there is a threat of danger, a judge may grant a restraining order without giving notice. It is important to note that the circumstances and procedures under which a judge grants a restraining order vary among states.

Law Enforcement has a limited role in enforcing restraining orders. Contrary to common belief, police officers do not enforce the terms set forth by a restraining order. More specifically, police officers cannot arrest or force the individual to obey the terms of the order. For example, if a restraining order prohibits an individual from selling certain property, police officers cannot arrest him when he sells it.

However, police officers are allowed to take action if any criminal activity takes place. Therefore, if an individual that is ordered away from the premises physically threatens another individual while on the premises, police officers may take action.

Enforcement of Restraining Orders. After a judge grants a restraining order, the individual who originally requested it may enforce the order if it is violated by filing a request with the court. The court will then hold a hearing with both parties present and determines whether any of the terms of the restraining order were, in fact, violated. If the court finds that the terms of the order were violated, the offending individual may be subject to a fine, incarceration or both.

Weekly Reporting to Advocate Pre-trial Services

In Miami-Dade County, as a person accused of a Domestic Violence crime, you must personally report to the Advocate Program, Pre-Trial Services on a weekly basis. One of the first objectives in handling your case is to avoid reporting in person and fight for telephonic reporting.