Injunction to Prevent Sexual Violence
There is significant help for people who have been victimized by sexual violence in Florida. A person who is accused of sexual battery or other forms of sexual violence can potentially be a subject of an injunction or protective order that forbids them from coming within 500 feet of an alleged victim or prohibits other contact and behavior. If you learn that someone is petitioning to obtain an injunction to prevent sexual violence against you, you should contact an experienced St. Petersburg injunction attorney right away. At Hanlon Law, we guard the rights of the accused.Fighting an Injunction to Prevent Sexual Violence
People who are victims of sexual violence as defined by statute may be eligible to petition for an injunction against sexual violence. Unlike some other types of protective orders, the victim must have reported the violence to the police or another law enforcement agency and cooperate in a criminal proceeding against you if criminal charges are brought.
Sexual violence that can make you subject to an injunction includes just one instance of certain sex crimes. There are many different kinds of sex crimes that can result in a victim being eligible to seek an injunction, including sexual battery, lewd or lascivious acts committed upon someone younger than 16, sexual performance by a child, luring a child, or another forcible felony in which a sexual act is perpetrated or attempted, regardless of the outcome of the criminal charges. For example, if you raped someone while holding a gun to her head, it is possible that you could be subject to an injunction to prevent sexual violence in addition to criminal rape charges.
A parent can petition on behalf of a minor child who lives at home and is a victim of sexual violence. For example, if the person whom you are dating believes that you sexually molested their child, they can file for a protective order against you in addition to reporting the acts to the police. The prosecutor may or may not pursue charges of lewd or lascivious conduct and other sex crimes in response. However, a person whom you are dating may be able to get the protective order even if the prosecutor declines to prosecute. This matters because if you violate that protective order or injunction, you can be charged with a crime.
Somebody who is proven to have violated an injunction for protection against sexual violence can be charged with a first-degree misdemeanor. This can be punished by a maximum of one year in prison and a maximum fine of $1,000. If you violate this injunction three or more times against the same victim, you may face third-degree felony charges. This can come with a sentence of up to five years in prison, so retaining a St. Petersburg criminal attorney is an important step to take.
You can be considered to have violated an injunction against sexual violence in a number of ways, depending on the language of the court's order. For example, using the situation involving child molestation from above, you could violate this injunction by refusing to vacate a home that you shared with your girlfriend. You could be charged with a violation for going within 500 feet of the minor's school or the girlfriend's workplace. You might be charged if you got angry and made an intentional, illegal threat of violence against the girlfriend. You might be in violation by damaging or destroying the girlfriend's personal property, or the property of the child at issue.
If you refuse to give up guns after being ordered to do so by the court, are convicted of felony lewd or lascivious acts, and are caught with a firearm near the minor, you may face multiple charges, including charges for being a felon in possession of a firearm.Hire a Knowledgeable Injunction Attorney in St. Petersburg
If you are looking for an experienced lawyer to fight charges of aggravated assault with a firearm and are concerned about sentencing and penalties, you should call Hanlon Law. Our founder, Will Hanlon, has been providing dedicated criminal defense representation in St. Petersburg since 1994. You can call Hanlon Law at (727) 897-5413 or complete our online form.