Injunctions are orders obtained from a court in order to get a person or entity to do something or stop doing something. In Florida, you do not need to have a special relationship between the parties for one person to ask for an injunction against another person who has perpetrated two or more instances of violence against them. If you are subject to a petition for a repeat violence injunction, you should take the matter seriously and consult an experienced Tampa injunction attorney. In some cases, an injunction can result in harmful civil or criminal consequences. At Hanlon Law, we are committed to protecting the rights of the accused.
Injunctions to Prevent Repeat ViolenceIn Florida, a repeat violence injunction can be requested from the court when there is violence against the petitioner or the petitioner's family member. For example, if you are accused of beating someone up two times, that person's parent or spouse may request an injunction for themselves.
Under Florida Statute section 784.046, someone subject to repeat violence can petition for a protective injunction. Repeat violence for which an injunction can be obtained includes two or more incidences of stalking or violence against either the petitioner or the petitioner's immediate family member. Anyone who is a victim of repeat violence or a parent or legal guardian of a minor child who has been subject to repeat violence is able to file a sworn petition for an injunction for protection against repeat violence.
Repeat violence injunctions can restrict behavior in different ways, depending on the circumstances. The injunction can restrict you, as an alleged perpetrator of repeat violence, from coming within 500 feet of the alleged victim or their home or place of employment or other places that they regularly frequent. It can also restrain you from contacting the alleged victim in any way. It can restrict you from knowingly coming within 100 feet of the alleged victim's car or restrain you from committing any violent acts. It can require you not to use or possess a firearm and to surrender those in your possession to a particular sheriff's office.
Generally, the court will first consider the petition ex parte. You will not have the ability to respond to the petition's allegations right away. The court will look at whether there is an immediate and present danger of repeat violence, based solely on the petition's allegations. If the only basis for a denial is that there is no appearance of a present, immediate danger of repeat violence, the ex parte temporary injunction could be denied, but the court would set a full hearing.
You will have a chance to respond at the full hearing, and it is wise to retain an attorney to represent you as soon as you know that the alleged victim is seeking an injunction. At this hearing, the court will look at whether an immediate and present danger exists. It can grant the relief that it believes is proper, including an injunction or a directive to the police. A final injunction provides relief for a fixed period or until the court makes another order.
The two people involved in a repeat violence injunction do not need to be domestically related. A roommate, coworker, or neighbor may bring it. In some cases, the injunction is related to cyber-stalking. When the alleged victim is your spouse, your ex-wife or ex-husband, someone related to you by blood or marriage, someone who has lived with you previously as family, or the other parent of your child, they are supposed to file a petition for an injunction for protection against domestic violence, instead of a petition for a repeat violence injunction.
Retain an Experienced Tampa Attorney to Fight for Your RightsSometimes allegations of repeat violence are false or exaggerated, and they may harm someone down the road by making it possible for further civil or criminal penalties to be imposed. You should take seriously an injunction to prevent repeat violence and retain experienced legal counsel to handle the matter. Our founder, Will Hanlon, is committed to protecting the rights of the accused and has represented criminal defendants in the Tampa area since 1994. Call Hanlon Law at 813-228-7095 or use our online form to set up an appointment. He can also assist people who need a domestic violence lawyer to protect their rights.