Injunction to Prevent Repeat Violence in Domestic Violence Cases
Repeat violence can occur in a domestic violence context, or it can occur between people who don’t live in the same household or share blood. Particularly in the age of social media, repeat violence injunctions may be sought in connection with cyberstalking, as well as with physical violence. If someone gets an injunction to prevent repeat violence in a domestic violence case or under other circumstances against you in Tampa, it will be enforceable in every county in Florida. You can be arrested by police for purposes of enforcing the injunction’s terms. A Tampa domestic violence attorney can help you protect your rights and reputation if you are facing an injunction of this nature.Injunction to Prevent Repeat Violence in Domestic Violence Cases
Under Florida Statutes section 784.045, you can ask for a repeat violence injunction if there have been two instances of stalking or violence perpetrated against you or a family member. One of either the violence or the stalking occurrences needs to have happened within 6 months of your filing the petition for an injunction. Anybody subject to repeat violence or a parent or legal guardian of a child subject to repeat violence can submit a sworn petition to the court to get this type of injunction. This sort of injunction can be sought by someone who is a complete stranger or only an acquaintance. For example, if someone you’ve gone on a few dates with claims you slashed her with a broken beer bottle and that you hit your child, a repeat violence injunction may be sought.
If someone gets a repeat violence injunction against you, your behavior can be restricted from going within 500 feet of a victim or their home or job or another place they often go to. The injunction can also state that you can’t get in touch with the victim at all — not by calling, not by email, not by letters. A repeat violence injunction can require that you don’t use or possess a firearm and that you surrender the ones you have to a certain sheriff’s office.
You don’t need to be related to the victim for the victim to apply for an injunction against you. In fact, the victim could be a roommate or neighbor that you’ve cyberstalked or stalked in real life, even though you didn’t act with physical violence. A parent or legal guardian can file for an injunction to prevent repeat violence on a minor’s behalf; this petition may be made even though you’re not the minor’s legal guardian, stepparent, or parent. The parent or legal guardian will need to show reasonable cause to believe the child was a victim of repeat violence by you, and the child needs to be living at home with the parent or legal guardian who files. A victim who is married to you or related by blood or the co-parent of your child can file a petition to get an injunction against domestic violence as well.Procedure
Initially, the court considers an ex parte petition for the injunction to prevent repeat violence in domestic violence cases and other situations. You won’t be able to respond to the allegations immediately, but it’s important to retain an attorney if you get served with an order granting the victim’s petition or a notice of a scheduled hearing. The initial consideration is whether there’s an immediate and present danger of repeat violence based only on what the petition is alleging. Sometimes the court denies the ex parte request for a temporary injunction but schedules a full hearing, and you will be given notice and the opportunity to speak at the full hearing.
At the full hearing, it is best to hire an attorney to present your case to the judge. The consequences of an injunction can be severe, and you can face criminal charges if you fail to abide by the strict terms of the injunction. The full hearing is also a consideration of whether there’s an immediate and present danger. The court can grant whatever relief it thinks is appropriate at the full hearing. This may be an injunction.Retain a Domestic Violence Lawyer in Tampa
If you’re facing the possibility of an injunction to prevent repeat violence in Tampa, it is wise to hire a skillful trial attorney that understands these types of petitions and orders and how to best respond to them. Our founder and principal Will Hanlon has represented those accused of a wide range of crimes since 1994. Please contact Hanlon Law at (813) 228-7095 or via our online form.