Injunction to Prevent Dating Violence under 784.046
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 727.897.5413 or complete our online form.