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A violence injunction sometimes referred to as restraining order, is a temporary or permanent court order that protects victims of abuse from threats or acts of violence by another person. It restricts the abuser’s actions and eliminates their contact with the victim and their families. Whether you are filing an injunction or seeking a defense against allegations, you should speak with a domestic violence defense attorney in Tampa to ensure your constitutional rights are preserved.
Under Florida Statutes Section 784.046 violence is defined as any assault or battery (simple or aggravated), including sexual in nature, stalking, kidnapping, false imprisonment, or any criminal offense that results in the physical injury or death of an individual.
A domestic violence injunction can be filed if there has been an occurrence of violence (or immediate danger of violence) against an individual by a family or household member.
Victims can file a repeat violence injunction when two or more acts of violence have been committed against them by another person. At least one of the acts must have occurred within six months of filing the initial petition.
Any attempted or committed act of sexual violence as outlined in the Florida Statutes. The victim must have reported the sexual violence to law enforcement and cooperate in criminal proceedings against the abuser.
Violence (or the possibility of immediate violence) between individuals who were or are in a continuing intimate or romantic relationship. The relationship is one that has occurred within the past six months and involved sexual or affectionate contact over the course of the relationship.
Purposefully following or harassing an individual over a period of time for no apparent reason.
If you are are facing criminal prosecution for an injunction violation, it’s important to seek the guidance of a domestic violence defense lawyer in Tampa. The criminal repercussions of violating an injunction include fines, imprisonment, or the loss of certain privileges including the right to own or carry a firearm, forced relocation from home, the loss of employment, supervised visitations only, and deportation or prevention of citizenship for noncitizens. If you require assistance with filing an injunction, our offices can assist you with applying for the petition and provide representation on your behalf during court proceedings.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.