Dedicated Representation For Domestic Violence Injunctions
Relationships are complicated. No matter how much you love someone, there are always conflicts. When these conflicts elevate to a level of abuse, it is time to consult an attorney. In the state of Florida, special laws exist to protect victims of domestic violence and harassment. Many legitimate abuse cases go unreported and end in tragedy. On the other hand, some individuals are all too familiar with the laws enacted to protect true victims and abuse the system by posing as a victim to retaliate against a loved one.
An injunction may be able to defend you against domestic violence. My name is Jenna Finkelstein. At the Finkelstein Firm, P.A., I shield the people of the Clearwater area from domestic violence by helping them pursue an injunction against their abusers.
The First Steps Toward An Injunction
If you find yourself in need of protection, then you should first call the police. Your next call should be to an experienced domestic violence attorney. Consult a lawyer to ensure that your case is presented to a judge in a clear and organized manner so that a protective order will be set in place. If you are the victim of a protective order currently in place without any cause, then you should contact an attorney to discuss your defense options.
Defining An Injunction
An injunction, also known as a restraining order or protection order, is a civil court order that places restrictions on an individual, also known as a respondent. The individual who files the paperwork to initiate an injunction is called the petitioner. Restrictions may include the prevention of contact either directly or indirectly, restrictions on places that the respondent may go, and specific directions to the petitioner and respondent when children are involved.
There are four main types of injunctions that may pertain to your unique needs:
- Domestic: A domestic injunction may be issued in a case when violence or stalking has occurred. Additionally, a domestic violence injunction may be issued when someone has a reasonable fear that they in imminent danger. These injunctions usually involve domestic relationships between a husband and wife or a couple that has a child in common. Also included in this category are blood relatives, ex-spouses and individuals who have lived together as a family.
- Repeat violence: Repeat violence injunctions are common amongst neighbors, co-workers and friends (or ex-friends). To prevail in obtaining an injunction against someone under this category, two separate acts of violence or harassment must be alleged on two separate occasions. Of those two occasions, one must have occurred within six months of the filing for a repeat violence protective order.
- Sexual violence: If you have filed a police report or the person who you are seeking the injunction against has been sentenced to prison, then you may seek this type of injunction. Additionally, the incident must involve a sexual battery, a lewd act on or in front of a child 15 years old or younger, the luring or enticing of a child, a sexual performance by a child or a sexual act committed during a forcible felony. The requirements for obtaining a sexual violence injunction are very specific under Florida law. If you do not meet the criteria under this section, then you may consult an attorney to determine whether your situation justifies seeking an injunction under one of the other types of orders discussed herein.
- Dating violence: A dating violence injunction is typically sought when violence or stalking has occurred between two individuals that have been dating in the six months prior to the seeking of the injunction. This type of injunction covers the typical dating relationship in which there have been one or more instances of violence. It must be a relationship that has been ongoing over a period of time rather than just a casual encounter.
If you have a protective order against someone and that person has violated the order in any way, then you should call the police. Violations of protection orders can, and usually do, lead to criminal charges. If you are in fear, then call law enforcement.
How To Act If You Have An Injunction Against You
If you have an injunction in place against you and the person who filed the injunction has contacted you, then you may want to consult an attorney. Although you may not be doing anything wrong, the petitioner may seek to have you arrested based on any contact.
Although the petitioner is not in violation by calling you, you may have a basis for a rehearing to remove the injunction. The courts do not appreciate petitioners contacting those whom they have sought to have a protective order against. The protective order is in place to protect someone who is legitimately afraid and in danger.
Learn How I Can Help You
If you or someone you know is in need of an attorney to assist with a protection order (injunction), call the 727-202-4418, or email me here for a free consultation. I am an experienced domestic violence, sexual violence and date violence attorney who can assist whether you are seeking or defending an injunction in the Clearwater, St. Petersburg, Tarpon Springs, Largo or Tampa Bay areas.