Understanding Petitions for Injunctions against Domestic, Dating, Sexual and Repeat Violence:
Unfortunately, there are far too many people across the United States and here in Florida who are experiencing domestic violence.
A domestic violence attorney is needed to help the abused present a case and grounds for injunction. In other cases, the accused may need an attorney if they find themselves defending charges of domestic violence.
What is an Injunction?
Otherwise known as a restraining order, an injunction is a court order that directs one individual not to have any contact with another individual. It serves as a legal means to help protect one person from threats or acts of violence from another person.
In most counties throughout the United States and Florida including our hometown of Tampa and Hillsborough County, there are four different types of civil injunction petitions that can be filed with the Clerk of Court. They include domestic violence, dating violence, sexual violence and repeat violence. The type of injunction to be filed is determined based upon the relationship of the individuals and the situation that occurred.
Anyone who has in the past or is currently living with you can be considered "family", and you can have a Petition for an Injunction against Domestic Violence filed against them if they have or are currently abusing you.
Relations by blood or marriage including spouses or ex-spouses, parents, grandparents, aunts and uncles, and also any party intimately involved with and living together but never married are also included and defined as "family". Also included would be adopted children, step-parents and step-children, and anyone who is the parent of petitioner's children. It makes no difference if you have ever lived together or have ever been married.
Types of Domestic Violence include assault, battery, sexual assault or battery, staling, kidnapping, false imprisonment, or any other criminal offense which results in physical injury or death to the petitioner. This domestic violence injunction can also include protections for a petitioner's family or any household members residing with petitioner in the same dwelling.
What type of relief does a Domestic Violence Injunction provide?
The court is ultimately going to make a decision on what relief it deems necessary in order to fairly effectuate a domestic violence injunction, but generally speaking, the respondent may be restrained from committing further acts, the petitioner may be awarded temporary exclusive use of the residence if communally shared, and they may address concerns involving children such as support and visitation. Additional remedies may include requiring a respondent to participate in intervention and surrendering of weapons to local law enforcement.
The court may also be petitioned to provide protections for dating violence, or instances of violence that occur as a result of dating. The requirements are simple, but all three are required:
- A petitioner must have dated the other person within the last 6 months and
- Petitioner must have had expectations of continued affection and sexual involvement with the other person during that same time and also
- Had frequent interactions with the other person continuously during the relationship.
You are entitled to file a petition for an injunction for protection against dating violence only if your situation has all three of the above elements, and if the other person has been violent toward you.
The remedies provided by a dating violence injunction are designed with the intended purpose of legally restricting a person from having any contact with you whether at your home residence, around your car, at your place of employment, while you're out with friends, and other places you may frequent as the court finds necessary. Communication in person, by phone, writing, email and electronic communications such as FaceBook may also be prohibited or restricted.
The following criteria are required for filing a petition for protection against sexual violence:
- In situations where your relationship may not meet the definition of "family" as outlined above in the domestic violence section, and
- The other person committed sexual battery defined by Florida Statutes (F.S.) Chapter 794, lewd and lascivious act upon or in the presence of a child younger than 16, lured or enticed a child as described in F.S. Chapter 787, required a child to sexually perform as in F.S. Chapter 827, or committed any forcible felony wherein a sexual act was committed or attempted and
- Reports of the sexual violence have been made to law enforcement and you are cooperating with them during the criminal investigation or
- If the other person has already been in prison serving a sentence for sexual violence against you, and if the term of imprisonment for their crime is set to expire within the next 90 days.
If the above criteria are met, a petition for protection of sexual violence may be filed.
Due to the nature of people and relationships in general, some situations may not fall under the guidelines or requirements to warrant the filing injunctions pertaining to sexual, dating or domestic violence. In these cases, a petition for injunction against repeat violence may be filed.
In order for this type of injunction to be permitted, there must be at least 2 incidents of physical violence, threats of violence or staling and at least 1 of these incidents must have occurred in the last 6 months.
This type of petition is often directed towards neighbors, co-workers, students, or even relatives and people who have never lived with you. People who become targets of harassment from individuals they do not live with or generally associate with other than in the workplace or at school are typically candidates for a petition for injunction against repeat violence.
Frank Fernandez is known for his dedication to his clients and their causes that has earned him a reputation of meeting or exceeding their expectations in many different types of domestic violence and abuse cases over the years.
Mr. Fernandez has appeared on behalf of his clients in Federal and State courts throughout the State of Florida. He is proud to have developed his practice primarily through the referrals of former clients and professional colleagues.
Contact Frank Fernandez at 813-489-3222 for a FREE consultation.
If you or someone you know is being charged with domestic, sexual, dating or repeat violence, it is recommended that a domestic violence attorney be contacted immediately as these charges are usually very serious and can come with extreme consequences. Solid legal representation is absolutely critical in order to protect your rights when going to court.
On the other end of the spectrum, there are also those who have been wrongly convicted of a crime. And once again, only strong legal representation will help present a case of wrongful accusation.
Immediately after being arrested for any type of domestic, sexual, dating or repeat violence, the first call made should be to an attorney. And if anyone is facing any kind of questioning from the police, an attorney should always be present. If your attorney is not present from the beginning, they may not be able to best represent you and protect your rights. More often than not, people end up getting themselves into far more trouble during questioning when they have no attorney present.
Anyone who has been abused should also consider hiring a domestic violence attorney. The reasons are numerous and it takes good legal representation to help you get through the legal process of getting away from the person who is inflicting abuse upon you.
Your attorney will also be available to help you file any necessary restraining orders or any other documents you may need in order to ensure that you are protected. Whether the abuser continues to come back around or not, your attorney will provide you with the legal means to effectively escape and stay protected.
Once it's time to enter the courtroom, your attorney will be there to ensure that your representation is strongly provided for in order to prevent the other side from attempting to spin the facts around in an effort to place the blame upon you. Without a strong attorney, you lessen the chances to get the best legal recourse available and also lessen your chances for escaping the abuse for good.
Why should I choose Fernandez Law Group for my Domestic Violence or Abuse situation?
We pride ourselves on providing timely advice and practical solutions to help you get through the mental challenges that often come with these cases in order to help you overcome the difficulties you're facing while enabling you to begin the process healing and moving forward with your life.
Call us today at 813-489-3222 for a FREE consultation and case evaluation.
Content authored by Frank Fernandez