Not everybody accused of domestic violence or sexual violence is guilty. Sometimes, supposed victims are motivated to obtain an injunction against another person by spite or vindictiveness rather than a true desire for justice. Why should you fight an injunction? While an injunction is obtained in civil court, the consequences for failing to obey an injunction are criminal penalties. If you are concerned about someone’s petition to get an injunction against you, you should consult an experienced Bradenton injunction lawyer. Will Hanlon aggressively fights for the rights of the accused.
Types of Injunctions in FloridaThere are several types of Florida injunctions: injunctions for protection against domestic violence, injunctions to prevent repeat violence, injunctions to prevent sexual violence, injunctions to prevent dating violence under section 784.046, and injunctions for protection against stalking or cyberstalking.
In Florida, a victim of domestic violence or a person with reasonable cause to believe that they are at immediate risk of becoming a victim of domestic violence can request an injunction for protection against domestic violence. A judge who believes that the purported victim of domestic violence has made the requisite showing may issue a temporary ex parte injunction against you. The temporary order cannot exceed more than 15 days and is supposed to be served on you to be effective.
The injunction can order you to stay away from the victim’s home, order you to stay away from shared children, require you to seek counseling, award temporary child support, and award temporary child custody. Before this order becomes a final injunction, you will be given a chance to present your side of the story to the judge at a full hearing. It is crucial to retain an experienced injunction attorney in the Bradenton area who may be able to point out the purported victim’s inconsistent testimony or other problems with the purported victim’s evidence.
Someone who claims to be a victim of sexual violence or a parent of a minor who lives at home and is a victim of sexual violence can petition the court for a protective order to prohibit sexual violence. Sexual violence includes one incident of sexual battery (rape), a lewd or lascivious act, luring or enticing a child, sexual performance by a child, or any forcible felony in which a sex act is perpetrated.
In order to get this type of injunction, the petitioner needs to have reported the sexual violence to the police and be cooperating in any associated criminal proceeding. However, it is irrelevant whether the prosecutor has filed, reduced, or dismissed the charges. A person can also ask for an injunction of this type against you if you were sent to prison for committing a sex crime against them or their minor child, and you are either out of prison or getting out of prison within 90 days of the petition.
Stalking and cyberstalking are prohibited under Florida Statute section 784.048. Stalking is a first-degree misdemeanor that can be punished with up to one year in jail and a $1,000 fine. However, aggravated stalking is a third-degree felony that can be punished with five years’ imprisonment. Someone who claims to be a victim of stalking can get an injunction for protection against stalking or cyberstalking. Failing to obey an injunction by stalking or cyberstalking someone else knowingly, willfully, maliciously, and repeatedly means that you could be charged with aggravated stalking. You should retain a Bradenton injunction attorney promptly if you are facing this type of situation.
To get a repeat violence injunction, the petitioner must allege that there have been two incidents of violence or stalking by you. One needs to have occurred within six months of the petitioner filing the petition. Unlike with the domestic violence injunction, there is no requirement of a domestic or family relationship. The petitioner and you may be mere acquaintances or even strangers.
A petitioner can get a dating violence injunction by showing that they are at imminent risk of becoming a victim of a first or repeated act of dating violence. This type of injunction is issued under Florida Statute section 784.046 to protect someone with a continuing, significant relationship of a romantic or intimate nature from violence. For example, if your girlfriend claims that you raped her and beat her, this might be an appropriate injunction to try to obtain.
Hire an Injunction Lawyer in Bradenton or Surrounding CommunitiesIn most cases, it is wise to fight an injunction because it opens the door to future criminal charges. If you are facing a purported victim’s request for an injunction, you should retain a tough and experienced lawyer. Our founder, Will Hanlon, has aggressively and knowledgeably represented the accused since 1994. You can call Hanlon Law at 941.253.0254 or complete our online form.