Injunction to Prevent Repeat Violence
An injunction is a court order that requires a person to refrain from doing certain actions or to act in certain ways. It may be obtained when one party commits violence against another. There need not be a special relationship between the two parties for one to request an injunction against the other if the other has committed two or more episodes of violence against them. If you have been served with a petition for an injunction to prevent repeat violence, it is important to hire a knowledgeable Clearwater injunction lawyer. An injunction can open you up to further criminal consequences. At Hanlon Law, we fight aggressively for the accused.Injunctions to Prevent Repeat Violence
Florida Statute section 784.046 provides that a person can ask the court for an injunction against repeat violence when the person seeking the injunction (known as the petitioner) or one of their family members has suffered from two or more episodes of violence. For example, if somebody accuses you of committing battery against her twice, that person could ask for an injunction, and so might that person's family member.
Repeat violence can include actual physical violence. It can also include stalking. These acts may be perpetrated against the petitioner or the petitioner's immediate family. Any person who is subject to repeat violence, or a parent or legal guardian of an underage person who has been victimized by repeat violence, can file the sworn petition. For example, if the same bully has punched a mother’s 15-year-old daughter in two different episodes, the mother could seek an injunction against that bully. Similarly, if a man's wife has been subject to stalking and physical abuse by a coworker, both the husband and the wife may seek an injunction against the coworker.
Repeat violence injunctions may limit behavior in many different ways. The injunction may limit you as a perpetrator of repeat violence from going within 500 feet of the victim or their home or business or any other place where they regularly go. It can also limit you from going within 100 feet of their vehicle or prohibit you from perpetrating violence against the victim. The injunction may require you to not possess a firearm and to surrender any firearms in your possession to a specific sheriff's office.
After a sworn petition is filed, the court usually considers the petition ex parte. This hearing will be conducted without you there. The court examines whether the petitioner is at immediate risk of being subject to repeat violence, based solely on what the petitioner claims. If the court believes that there is a present, immediate danger of repeat violence, it will issue an ex parte temporary injunction. If it does not believe that there is a present, immediate danger of repeat violence, it may deny the temporary injunction but will set a full hearing.
At the full hearing, you have the opportunity to respond to the petitioner. It is critical to hire a Clearwater criminal attorney to represent you if you know that the victim is asking for an injunction. An experienced attorney can carefully present your version of what happened and point out any inconsistencies or credibility issues in the petitioner's version of events. The court will examine whether there is an immediate, present danger. If it decides to grant a final injunction, the injunction will remain in place for a fixed period or until the court makes another order.
There need not be a special relationship with regard to an injunction to prevent repeat violence. Sometimes the two people involved are roommates, coworkers, neighbors, or former friends. If you have a special relationship with the petitioner, such as a dating relationship or a familial or household relationship, the petitioner is required to file a petition for an injunction for protection against dating violence or a petition for an injunction for protection against domestic violence.Retain a Clearwater Lawyer Experienced in Fighting Injunctions
Often, people do not truly understand the consequences of violating an injunction. If you have been served with a petition for an injunction to prevent repeat violence, you should consult an experienced attorney. These injunctions can result in not being able to obtain a license or certification that you need for your career, or they can result in losing a license or certification. Our firm's founder, Will Hanlon, has defended people accused of crimes or facing injunctions since 1994. You can contact us at 727-897-5413 or via our online form.