Injunction to Prevent Repeat Violence
There need not be a special relationship like dating between an alleged victim of repeat violence and an alleged perpetrator for the victim to ask for an injunction. Repeat violence involves two or more instances of violence, and in fact, even violence against a petitioner's family member can allow a petitioner to seek a repeat violence injunction. If you are facing an injunction to prevent repeat violence, you should consult an experienced St. Petersburg injunction attorney. At Hanlon Law, Will Hanlon is committed to guarding the rights of the accused.Understanding an Injunction to Prevent Repeat Violence
Victims of repeat violence are entitled to seek an injunction against the person who attacked them. An injunction is a court order to do or not do something, such as coming within 500 feet of the victim. The violence may include sexual battery, assault, aggravated assault, sexual assault, battery, aggravated battery, kidnapping, false imprisonment, or any other crime that results in a person's physical injury or death. In order to secure an injunction to prevent repeat violence, the victim must show a minimum of two instances of violence or stalking that the other person perpetrated. One of these must be within six months of the victim filing the petition, and it can be directed against either the petitioner or the petitioner's family.
Someone can seek this injunction for herself or himself. However, it is also possible for a parent or legal guardian of a minor child to seek this kind of injunction to protect a minor child who has been subjected to repeat violence.
The proceeding to obtain an injunction starts with the victim, or parent or legal guardian of a child victim, petitioning under oath for an injunction against repeat violence. The petition needs to allege specific facts and circumstances that form the basis for why the injunction is being sought. For the parent or legal guardian to file, the minor needs to be living at home with him or her, and the parent or legal guardian needs to have a reasonable basis to think that the child has been subjected to repeat violence. If you are also a parent, stepparent, or legal guardian of the child, the other parent or guardian must have personally observed the repeat violence or possess direct physical proof or sworn affidavits from people who personally observed the facts and circumstances of the repeat violence that gave rise to the petition. If not, a St. Petersburg criminal lawyer can help you defeat the petition.
Once the petition is filed, the court is supposed to set a hearing for the earliest possible date. You are to be personally served with a copy of the petition, as well as a notice for the hearing and any temporary ex parte injunction that was already obtained. At the full hearing, the court will determine whether it appears that an immediate and present risk of repeat violence exists. If, at an initial hearing, the court believes that there is no imminent present danger of repeat violence, the court is allowed to deny an ex parte temporary injunction, but it will still set the full hearing, at which time you can argue against the injunction. It is advisable to retain an attorney to defend you at this hearing.
An injunction can order you not to commit any further acts of violence, constrain you from contacting the petitioner, provide directives to law enforcement agencies, stop you from knowingly coming within 100 feet of the petitioner's vehicle, order you not to use or possess a gun or ammunition, or stop you from going within 500 feet of the petitioner's home, workplace, or school, or any other place frequented regularly by the petitioner or their minor children.
The court is entitled to extend an injunction for successive periods if the victim so petitions. The victim does not even need to make specific allegations to get this extension. This matters because a violation of a protective order or injunction can subject you to additional criminal penalties.Discuss Your Case with an Injunction Lawyer in the St. Petersburg Area
If you are looking for a tough and experienced attorney to fight a request for an injunction to prevent repeat violence in St. Petersburg, you should call Hanlon Law. Our founder, Will Hanlon, has been providing vigorous criminal defense representation since 1994. You can contact Hanlon Law at 727.289.0222 or through our online form.