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Injunction to Prevent Dating Violence under 784.046

St. Petersburg Lawyer Helping Defendants Fight Protective Orders

Dating violence is defined as violence between people who have or previously have had a significant, continuing romantic or intimate relationship. Generally, dating must have occurred for at least six months and have been characterized by an expectation of sexual involvement or affection between the people. If someone is requesting an injunction to prevent dating violence against you, you should retain an experienced St. Petersburg injunction lawyer. A violation of an injunction can result in criminal penalties, making it important to fight the court's imposition of the injunction. At Hanlon Law, we are ready to guard the rights of the accused.

Injunctions to Prevent Dating Violence Under Section 784.046

A prerequisite to obtaining this type of injunction is a significant, continuing relationship that is either intimate or romantic, or both. The victim will need to show that there was a dating relationship for the past six months, there was an expectation that you would be sexually involved or would be affectionate, and you had frequent interactions of the sort that occurred over time and were on a continuous basis during the course of the relationship.

The victim cannot get this particular type of injunction if you show that you were only casual or had only ordinary social or business interactions. To have standing to obtain an injunction under 784.046, a victim of dating violence must also show reasonable cause to believe that she or he is at imminent risk of becoming a victim of another act of dating violence (or an initial act) or that she or he is a parent of a minor child who is a victim of dating violence. The victim needs to file a sworn petition for an injunction in order to get the proceedings underway.

The injunction can be obtained even if no criminal proceedings have been initiated against you. However, as a practical matter, there often are criminal proceedings pending against someone who is subject to such an injunction, or a victim seeking an injunction may get the prosecutor interested in bringing such a case. While it is not necessary for you to obtain a St. Petersburg criminal attorney, it is strongly advisable. Sometimes what is said in the proceedings to get the injunction can later be used in a criminal proceeding.

The sworn petition is supposed to allege the incidents of dating violence that gave rise to the request for an injunction. When a parent is the person asking for the dating violence injunction, they need to show that they have reasonable cause to believe that the minor is a victim of dating violence when the person against whom the injunction would apply is someone other than a parent, stepmother, stepfather, or legal guardian of the minor.

It is important to be aware that it is a crime to violate an injunction once it has been put into place. If you violate an injunction against dating violence, you can be charged with a first-degree misdemeanor. This means that you could face up to one year in prison and a maximum fine of $1,000. If you keep violating the injunction, and it adds up to three or more violations against a particular victim, you can be charged with a third-degree felony. This can result in a sentence of up to five years in prison.

Violating an injunction can occur in many different ways, depending on what the particular injunction says. It can include refusing to get out of a home that you share with the victim, going within 500 feet of the victim's home, school, or workplace or the victim's family member's workplace if the family member is named in the injunction, committing another act of dating violence against the victim, threatening to do violence to the victim, or damaging the victim's personal property. If the court has ordered you to give up a firearm, and you fail to do so and have a felony conviction, you can be charged as a felon in possession of a firearm.

Hire an Injunction Lawyer in St. Petersburg

If you are looking for a tough and experienced attorney to fight an injunction to prevent dating violence in St. Petersburg, you should call Hanlon Law. Our founder, Will Hanlon, has been providing dedicated criminal defense representation to people who have been charged or are under investigation since 1994. Call Hanlon Law at 727.289.0222 or complete our online form.

Client Reviews
As a practicing attorney, I was shocked to hear that a family member of mine was alleged to have committed a sex crime. Knowing full well the consequences this type of allegation can have on anyone and their future, I immediately reached out to William Hanlon for help. I had every confidence that Mr. Hanlon had the knowledge, expertise, and experience to handle this problem. Approximately 4 weeks from an initial conference with Mr. Hanlon, we received a call with the news that a letter of release was being issued and the case was being dropped. Now my family member can finally exhale, take a deep breath, and go on with his life. Thank you, William! Jerry
Was on the ball. Remembered names, events, places, situations. Never need to re explain the situation. Keeps in touch through out the entire experience and keeps you feeling safe, comforted and protected. Fights hard. Worth every single penny. Would never settle for anything less than Will. Carrie
I was facing a charge that if convicted would carry two years in prison minimally. Not only was he empathetic and listening to what I had to say but he arranged with the prosecutor for my charges not to be filed under terms of a pre trial investigation. Would highly recommend. Alec
I am very happy for what he did for me. Always there when I needed him. Explained everything well. He Fights for his clients. He got me what I needed. Hes an excellent lawyer. Mutaz
Mr. Hanlon did what no other lawyer could do. Not only did he turn my criminal history into a thing of the past so I could move on, he was a loyal associate. No matter how bad the situation is, he has miraculously cleared me on every charge since he became my lawyer 5 years ago. I have the best lawyer that the legal system has to offer. I have had other really good lawyers try to get my business, but I know that no one can do a better job than William Hanlon. Jesse