A Restraining Order or Injunction for Protection is meant to protect someone who feels threatened by violence from someone else. How does a victim of repeat violence obtain a repeat violence injunction? If allegations are made that fit the statutory requirements, the judge will grant a temporary injunction until the respondent can be served with a "notice and appear" at a formal hearing to respond to the allegations.
What are the consequences of a repeat violence injunction? There was just something about this friendly, No BS professional that told me this is the one. If your are dealing with a DVI injunction and also facing a dissolution of marriage (divorce), it may make sense to request that the cases be Approach to Domestic Violence Injunction Cases. It may also specify arrangements for you to obtain any personal belongings that the petitioner may have of yours. Domestic Violence Injunctions in Florida. The court can impose an injunction, typically calling for the respondent (like the defendant in a criminal case) to have to stay at least 500 feet away from the petitioner at any point in time. Final Hearings for Domestic Violence Injunctions occur in a formal courtroom setting.
We are committed to providing the highest quality of legal representation to clients in St. Petersburg, Clearwater, Tampa, and surrounding areas. Protective Injunction for Repeat Violence Defense Attorneys in Florida. Simple assault is a second degree misdemeanor, so the maximum penalty upon conviction is 60 days in jail, six months probation, or some combination of the two. 046(1)(b) says is "two incidents of violence or stalking committed, one of which must have been within 6 months of the petition. He was available 24/7 for all of my concerns and questions. Although injunctions are civil proceedings, their effects mirror some effects of criminal charges. This means that the abuser may not call, write, e-mail, text, or otherwise try to communicate a message to the victim.
Extending an Injunction. Here is a recent case that explains this – MICHAEL DITANNA, Appellant, v. BLAKE EDWARDS, Appellee. 233, Florida Statutes), you can lose your right to possess a firearm or ammunition. These actions are civil actions, but they can have some serious collateral consequences. 28(3) as "spouses; former spouses; persons related by blood or marriage (including minors); any person who is or was residing within a single dwelling with petitioner as if a family; or a person with whom the petitioner has a child in common (regardless of marriage or cohabitation). What exactly does it mean for speech or conduct to be "directed at" a specific person. The sooner you retain The Kilfin Law Firm, P. C., the sooner we can begin developing a custom tailored strategy to resolve your case. A domestic violence petition may be filed in the jurisdiction where either the Petitioner or Respondent reside. As a St. Petersburg criminal defense attorney, I can tell you that these injunctions hearings can sometimes be a gold mine for leverage in the criminal case. Criminal cases require Proof Beyond a Reasonable Doubt which is a very heavy burden. Indirect contact by a third party at your request is sufficient for the State to charge you with this crime. Florida domestic violence injunction burden of proof of vaccination. Of course, there are always a number of conditions my clients are required to successfully complete in return, but these types of agreements can avoid many draconian consequences, including a felony conviction, and perhaps years in state prison. "No contact" means that the respondent cannot be in contact with the petitioner, whether directly, indirectly, or through another person such as a friend or family member. The respondent must surrender ammunition and firearms to local law enforcement should a permanent repeat violence injunction be issued.
A felony of the second degree (e. aggravated battery) is punishable by up to fifteen years in state prison. If there have been repeated violations of the injunction, however, the case may be prosecuted as an aggravated stalking, which is a third degree felony. The ex parte injunction is not effective for no longer than 15 days and the hearing before the court must be set prior to the date when the temporary injunction ceases to be effective. Our firm helps clients throughout the Tampa metro area, including Hillsborough, Pinellas, and surrounding areas and counties. Civil Injunctions for Domestic Violence, Dating Violence, and Stalking: the Basics. Get your case started by calling us at (888) 484-5057 today! A person who willfully violates a domestic violence injunction against the same victim three or more times may be charged with a third degree felony which is punishable by up to five years in Florida State Prison.
The stalking has to (1) be directed at a specific person; (2) cause that person substantial emotional distress; AND (3) not serve any legitimate purpose. For example, a person who willfully violates an injunction for protection against stalking commits a first-degree misdemeanor. Just as there is always the possibility that an ulterior motive is the catalyst for an individual seeking a restraining order, there is the same possibility when one levies an allegation that it's been violated. You have reported the sexual violence to law enforcement and are cooperating with them in the criminal case. Even though domestic violence injunctions are a civil matter, they appear in criminal record background checks. But to the man that is impacted as a result of the final domestic violence injunction, this is no simple matter. Both parties can also submit evidence to the court to support their case. In Florida, people can do more than going to the police with their problems: people can apply to the court for civil injunctions directed at domestic violence, dating violence, stalking, and the like. A judge can issue a temporary restraining order based solely on the victim's statement in the petition. And then the court makes the decision.