Injunctions Against Sexual Violence
Sexual violence injunctions are sought by people who believe that they have been victims of rape or other sex crimes. Also, the parents or legal guardians of minors who have been victims can ask for injunctions. The purpose is to provide protection, but in some cases, these orders impose further restrictions on somebody who is already facing a potential conviction or who has already served time and is on the sex offender registry. At Hanlon Law, we are committed to protecting the rights of people accused or convicted of sex crimes. If you are the respondent of a petition for an injunction against sexual violence, you should contact Clearwater sex crime lawyer Will Hanlon.Injunctions Against Sexual Violence
Under Florida Statute section 784.046, someone can petition for an injunction against sexual violence when they have been a victim of sexual battery, a lewd or lascivious crime, luring, sexual performance of a child, or a forcible felony involving a sex act. The parents or legal guardians of minors can petition for an injunction on their behalf. Often, the injunction orders the perpetrator to stay 500 feet away from the petitioner's workplace, school, or home.
For example, if you were convicted of raping a fellow student, you could be subject to an injunction ordering you to stay away from that person's school, even if it is also your school. Similarly, if you lived in your parent's dwelling with a minor who was your niece, and you were convicted of lewd and lascivious molestation, her parents could obtain an injunction ordering you away from the home, even though it is also your home.
An injunction can be obtained even if the charges were dismissed. This is important because in some cases, a prosecuting attorney does not have enough evidence to obtain a conviction, but the victim or the parents of the victim have enough evidence to secure a protective injunction. However, if the parents are asking for an injunction on behalf of a minor child, they need to have reported what happened to police officers and be cooperating with the police in investigating the matter. Alternatively, you must have been sentenced to prison for sexual violence, and your term of imprisonment must be set to expire within 90 days of the petition being filed or must have already expired.
To obtain the injunction, the victim will put forward a sworn petition with detailed allegations. Often, parents request these injunctions after accusing someone of sexually molesting or otherwise abusing their child. If you are a parent and the other parent is asking for the injunction, they must have direct evidence of the incident at issue. If you are not a parent of the minor at issue, a parent must have reasonable cause to believe that a child is a victim of repeat sexual violence.
Many people do not understand why it matters if you are subject to an injunction. However, it is easy to violate a protective injunction. If you are found to have willfully violated a protective injunction, you can be charged with a first-degree misdemeanor. You can face up to one year in jail for a conviction. If you have been convicted two or more times for violating an injunction, you can be convicted of a third-degree felony. This can come with a sentence of up to five years in prison.Seek Representation from a Resourceful Clearwater Criminal Defense Attorney
Ideally, you should retain an attorney during the pre-filing stage of a sex crime investigation. If you are being investigated for rape, a lewd or lascivious crime, or any forcible sex crime, you should retain an attorney right away. There may be strong defenses available. It is best to fight an injunction against sexual violence arising from related events as well. An experienced Clearwater lawyer can coordinate a response to both the charge and the petition for an injunction. Our founder, Will Hanlon, has been providing criminal defense representation since 1994. Call Hanlon Law at 727.897.5413 or submit our online form.