Domestic Violence Injunctions

What is an Injunction?

Florida law allows eligible victims of domestic violence, repeat violence, dating violence, and stalking to obtain an injunction. An injunction, also referred to as a restraining order, is basically a “stay-away order”. Although an injunction is civil (non-criminal) in nature, violating a civil injunction is a crime, subjects the recipient of the injunction to criminal penalties, including jail time.

A family or household member who is either the victim of domestic violence or has reasonable cause to believe he or she is in imminent danger of becoming the victim of domestic violence may petition for a domestic violence injunction.

Repeat Violence Injunctions

A victim of repeat violence may obtain a repeat violence injunction. Repeat violence means two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner’s immediate family member.

Dating Violence Injunctions

A victim of dating violence who has reasonable cause to believe he or she is in imminent danger of becoming the victim of another act of dating violence, may obtain a dating violence injunction.

Dating violence includes violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature.

Stalking Injunctions

A victim of stalking or cyberstalking may in some cases obtain an injunction against stalking. Stalking is the willful, malicious, and repeated following, harassing, or cyberstalking of another.

Harassment means a course of conduct directed at a victim which causes substantial emotional distress and serves no legitimate purpose.

Cyberstalking means repeatedly sending electronic communication to a specific victim, which causes substantial emotional distress to the victim and serves no legitimate purpose.

What Are the Consequences of an Injunction?

If an injunction is granted, the court can require you to take lengthy and expensive classes and forfeit weapons, including firearms.

The court can also address a variety of other topics in an injunction hearing, such as use and occupancy of a residence, custody of minor children, child support, and alimony. The injunction will be part of public records and may appear in background checks.

An injunction can have significant consequences; and, once granted, an injunction can be difficult to modify or dissolve.

Why Should I Call a Lawyer?

At Fernandez and Hernandez, we take Domestic Violence Injunctions seriously and understand the ramifications if not handled properly. It is highly recommended that you obtain an attorney in an injunction proceeding.

A lawyer can explain the injunction process and courtroom procedures to you and advise you of substantive and procedural defenses you may have. An attorney is familiar with the rules of evidence and sign subpoenas for witnesses to appear. An attorney can help you expose possible bias and credibility issues of adverse witnesses. An attorney can passionately and effectively present your side of events to the court.

For these reasons, litigants in an injunction hearing may obtain better results by retaining the assistance of an attorney. Call Daniel J Fernandez at 813-229-5353 for a free consultation.

What About My Rights?

At Fernandez & Hernandez, LLC, our criminal defense attorneys protect the rights of clients from the moment the criminal accusation is made to the final resolution of the case.

We represent clients throughout Tampa, Hillsborough County, Pinellas County, Polk County, Manatee, Sarasota Count, Pasco County, Hernando County, and throughout the State of Florida.

With decades of combined experience, including time spent as former prosecutors, you can rest assured that your case is being represented by an attorney who understands the tactics used by the prosecution.

Who Do I Call?

The Fernandez & Hernandez law office is designed to swiftly resolve any difficulties that you may face. Our attorneys continue to strive upon improving and bettering the situations of our clients. Contact our firm today so we can fight for you and protect your rights. Call (813) 229-5353. Be sure to ask for the web special when you speak with Daniel J. Fernandez or Martin J. Hernandez, Esq.Web only offer of $1,000 for injunctions in Tampa, Hillsborough County.