A homeless woman battered by her boyfriend has no grounds for a permanent injunction against him, as reported by the Orlando Sentinel, as a lone judge in the Orange Circuit court has said that her outdoor living arrangements failed to meet the necessary criteria to establish it as a "dwelling unit."
J.C.'s boyfriend, C.R., kneed her in the chest, strangled and then caused a gash so deep in her head from a brick's force that she required six staples to repair it.
But J.C. was only able to obtain a temporary domestic violence injunction against him. Once at court, to request a permanent injunction, Orange Circuit Judge K.W. denied her request as the couple never resided within a dwelling unit - they are homeless.
J.C. said, "The judge asked me where we lived, and I said we were homeless. He didn't even open the file."
Advocates for the homeless, as well as advocates for battered women, are outraged at the judge's decision to leave a woman unprotected for the sole reason of not living indoors.
Judge K.W., one of three judges in the 9th Circuit that are dedicated to violence-injunction cases, is the only one that is allegedly known for denying immediate injunctions. K.W. routinely goes for what is called "Order Setting Hearings" that allows the alleged abuser to face the court and tell his side of the story.
While C.R. awaits notification for the injunction hearing, J.C., as well as others in like situations, is left unprotected.
C.R. contends that though the pair lived on the stoop of downtown Orlando's First Presbyterian Church, that they indeed did reside there together.
A portion of K.W.'s audio, overheard from the court, has been reported as, "I don't believe that living 'outside' (meets) the legislative definition. I don't understand how 'outside' could ever meet the definition of 'dwelling unit'... I just don't."
Also heard during the short hearing is C.R. telling the judge: "He tried to kill me."
Another judge granted C.R.'s later petition - she had requested permanent protection under the dating-violence statue that doesn't require that the couple reside together.
The administrative judge of the domestic division, Bob Evans, said, "Judges are constrained by the laws passed by the Legislature. This is an extremely unusual situation."
Evans said that though a judge can't simply ignore the law's language, the statute might have to be revised so that the homeless are also protected.
Calvin Horvath, the attorney that represented C.R. responded to Evans by saying, "Statutes should be interpreted to grant relief to those who need it and not be restricted to the point that it deprives people in need of protection. When mistakes are made in domestic-violence court, people die."
Whether benefited by living in a home or not, if you have been the victim of domestic violence you require assistance as soon as possible to remove you from harm's way. Contact a family law attorney for help!