If you are the victim of domestic violence, dating violence, repeat violence, stalking or sexual violence you can obtain an injunction. An injunction is also commonly referred to as a restraining order.
Domestic Violence Injunction
Domestic violence includes acts of battery, assault, stalking, kidnapping, false imprisonment or any criminal act that results in physical injury or death by a family or household member against another family or household member.
Florida law requires that the petitioner reside with the respondent (the person against whom the petition is filed) or that they previously resided together or share a child in common.
In order to have legal grounds to file and injunction there must be proof that the petitioner is either the victim of domestic violence or that he/she has reason to believe that such violence is imminent.
Dating Violence Injunctions
Dating Violence refers to violence between those who had or have had a significant and continuing romantic or intimate relationship. If the relationship ended, a dating relationship must have existed within the past 6 months prior to filing for the injunction.
As with domestic violence, the violent act does not have to be completed. A petitioner can seek a dating violence injunction if there is reason to believe that such violence is imminent.
Stalking requires willful, malicious and repetitive following or harassment. Anyone who is the victim of stalking may file for a Stalking Injunction. Stalking also includes cyberstalking which is directly communicating with a specific person through email or other electronic means for no legitimate purpose and causing severe emotional distress.
Repeat Violence Injunctions
A petitioner has grounds to file for a Repeat Violence Injunction if there are two incidents of violence or stalking, one of which occurred within 6 months of the filing of the petition. The violence must have been directed against the filer or his/her immediate family member.
Sexual Violence Injunctions
Sexual violence can include acts of sexual battery, committing or attempting to commit sexual acts as part of a forcible felony or lewd acts against children. There is no requirement of an ongoing criminal case and this injunction can be sought even if such a case was filed, charged and subsequently dismissed.
Violating an Injunction can lead to a criminal charge.
Though an injunction is a civil proceeding, the court may enforce a violation with civil or criminal contempt or the State Attorney can pursue criminal charges. If criminal charges are pursued, the accused faces up to a year in jail. It is also a crime, punishable by up to a year in jail for a person against whom a final injunction of domestic violence, stalking or cyberstalking has been issued to possess or purchase a firearm or ammunition.
An injunction can also affect employment opportunities as it may appear in public records.
Contact us if you need help with an Injunction in Orlando, Winter Park and the surrounding areas. Orlando Injunction Attorney Natalie D. Hall, P.A. can help you with presenting your defense, challenging flaws in evidence presented against you, providing supporting case law to the court and presenting convincing legal arguments in support of your position.