A court can order somebody to do an action or stop doing an action by issuing what is known as an injunction. In many cases, the injunction is related to domestic violence. St. Petersburg and Pinellas County experience several domestic violence-related homicides and many other serious assaults related to domestic violence each year, and the rate has risen recently. Somebody who has faced two or more instances of violence by a particular perpetrator can ask for a repeat violence injunction. If somebody has accused you of violence and asked for an injunction against you, you should consult a skillful criminal attorney. An injunction is a serious matter, and violating it can result in further criminal consequences or civil penalties. St. Petersburg injunction lawyer Will Hanlon is dedicated to safeguarding the rights of the accused.Protecting Your Rights Against an Injunction
Some people are surprised to learn that an injunction has been issued to prevent them from having contact with another person. The court usually considers ex parte sworn petitions for injunctions related to violence. This means that only the alleged victim will have a chance to present the request for an injunction and why they are requesting it, so you do not have the opportunity to respond right away.
At the initial hearing, the court examines whether there is an immediate and present danger to the alleged victim. In some cases, the court will grant a temporary injunction but schedule a hearing with notice to you. In other cases, the temporary injunction is denied, but a full hearing with notice to you is scheduled anyway.
At a hearing, you have the opportunity to present your side of the story. You should retain an experienced injunction attorney in St. Petersburg for this hearing. The order may affect your rights for a fixed period, but an experienced attorney can make sure that the court hears what happened from your perspective, and you may be able to get the scope of the injunction narrowed.
Florida Statute Section 741.30 creates a cause of action for an injunction for protection against domestic violence. In Florida, a prosecutor can charge domestic violence whenever violent actions are committed and the perpetrator and the victim have a family or household relationship.
Anybody with reasonable cause to think that they may be at imminent risk of becoming a victim of domestic violence can petition under oath for an injunction for protection against domestic violence. The petitioner can seek out this protection even if no criminal charges have been filed, but if there are such charges pending, the petition is supposed to say so. The court cannot issue mutual orders of protection, although the court can issue separate injunctions for protection against domestic violence if each of the people complies with the legal requirements.
Florida Statute section 784.046 allows somebody who has been a victim of repeat violence (or their family member) to ask for a repeat violence injunction, even if there is no intimate relationship between the perpetrator and the victim. For example, if a neighbor alleges that you have stalked or assaulted them three times, the neighbor and their spouse can ask for a repeat violence injunction. Similarly, the parent of a minor child who was assaulted twice at school could file a sworn petition to obtain this type of injunction. However, an injunction lawyer can help St. Petersburg residents fight back against these allegations.
Injunctions can be crafted to meet the situation. The court may restrict an alleged perpetrator from going within a certain distance of the victim, from going within a certain distance of their workplace or home, or from contacting the victim in any fashion. For example, if you are accused of both physically stalking and cyberstalking someone, the injunction may order you not to use email or social media to contact the victim. In some cases, the injunction may order you not to possess or use a gun or another dangerous weapon and to surrender firearms to the sheriff.
In some cases, the injunction requested is unfair and unduly restricts your ability to move freely. If you violate the injunction, you could be subject to criminal and civil penalties, making it important that you fight the injunction. Alternatively, if it is granted, the injunction should be drawn as narrowly as possible.Discuss Your Situation with a St. Petersburg Injunction Attorney
If someone alleges violence and seeks an injunction against you, you should consult our experienced criminal defense firm. Our founder, Will Hanlon, has been offering criminal defense representation since 1994. We are committed to advocating for the rights of the accused. Call Hanlon Law at 727-897-5413 or complete our online form.