What Is an Injunction?
Are you facing a restraining order-related charge or accusation and looking for a skilled The Villages injunctions for protection defense attorney? Washo Law is here to help. What is an injunction? An injunction is a court order issued by a circuit court that prohibits one’s ability to contact another person or place. Injunctions are also referred to as “restraining orders” and are usually issued in cases involving allegations of domestic violence.
It is important to know that violating an injunction or protective order can have harsh legal consequences. Depending on the nature of the violation, it can result in serious criminal charges ranging from a first-degree misdemeanor punishable by a maximum of one year in Lake County Jail to a third-degree felony punishable by five years in Florida State Prison.
Types of Injunctions
Injunctions, commonly known as “restraining orders,” are court orders of protection against violence. The petitioner is the person who files, or “petitions,” for the injunction, while the respondent is the person for whom the injunction is requested. Florida has several types of injunctions, including:
- Injunction for protection against domestic violence
- Injunction for protection against dating violence
- Injunction for protection against repeat violence
- Injunction for protection against sexual violence
- Injunctions for protection against stalking or cyber stalking
Different injunctions have different requirements based on the relationship and what has occurred. Read on to learn more information related to each type of injunction.
According to Florida Statute 784.048, stalking occurs when a person “willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person and makes a credible threat to that person.” Under the same statute, “harass” means “to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.”
Domestic Violence Injunctions
To obtain a domestic violence injunction, the petitioner must allege an assault, battery, false imprisonment, or a violent act between members of the household. A petitioner who has been the victim of an act of violence by a family or household member or who believes they are in immediate danger of becoming the victim of domestic violence may obtain a temporary injunction from a Florida judge.
Dating Violence Injunctions
Dating violence injunctions are like domestic violence injunctions. However, these injunctions are issued when abuse occurs by someone not a member of your household and with whom you have engaged in an ongoing romantic relationship within the last six months.
Repeat Violence Injunctions
Repeat violence injunctions are granted when you have suffered at least two acts of violence, one within the last six months, at the hands of an individual who is not a member of your household in Sumter County.
Sexual Violence Injunctions
A petitioner must allege some form of sexual violence, as defined by Florida statutes, to obtain a sexual violence injunctions order. Sexual violence is a broad category and can be sought on behalf of a minor child which will result in sex offender designation. Typically, sexual violence injunctions are reported to the police; thus, it is vital that you have an experienced attorney representing you at the injunction hearing.
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Florida Restraining Order Laws
Florida restraining order laws separate injunctions for protection into different categories: domestic, repeat, dating, stalking/cyberstalking, and sexual. Although obtaining an injunction is a civil process, violating one is a crime. For the trial court to issue an injunction, the party seeking the injunction must establish that they have an objectively reasonable fear that they are in “imminent danger” of becoming the victim of an act of violence.
Local Defense Attorneys
Find an Injunction Attorney in The Villages, FL
If you have been arrested for one of the listed injunctions, find an injunction attorney in The Villages, FL with experience handling cases at the Lake County Courthouse. Call now to schedule a consultation with a The Villages criminal defense attorney, The Villages risk protection order defense attorney, The Villages sex crimes defense attorney, or The Villages child pornography defense attorney.