St. Petersburg Injunction for Protection Against Domestic Violence
If you were served with an Temporary Injunction for Protection from any court in Pinellas County, including St. Petersburg or Clearwater, Florida, then contact an experienced St. Petersburg criminal defense attorney with the Morris Law Firm. The consequences of a final injunction for protection are:
- You may be required to leave your home, prevention from visiting your children, and requirement of pay child support payments;
- If you violate the terms of the order (or if the petitioner convinces the authorities that you violated the terms of the order)then you could be arrested and charged with a first degree misdemeanor for each alleged violation;
- If you allegedly stalk the petitioner then you could be charged with Aggravated Stalking, a second degree felony punishable by 15 years in Florida State Prison;
- Your application for citizenship could be affected or you could be deported;
- Your employment, career and educational opportunities could be affected;
- You may lose a professional license if you are a teacher, lawyer, in the military, in law enforcement, or in the health care profession;
- You will be unable to work in certain fields if you are required to carry a weapon such as law enforcement, the military or for a private security firm; and
- Your admission into the military, schools or colleges, could be affected.
We represent men and women in domestic violence injunction or restraining order hearings throughout the greater Tampa Bay area including Pinellas County for Clearwater or St. Petersburg, Manatee County for Bradenton, Sarasota County for Sarasota or Venice, Pasco County for Dade City or New Port Richey, Hillsborough County for Tampa or Plant City, Florida.
The purpose of the temporary injunction for protection against domestic violence issued in St. Petersburg or Clearwater, Florida, is to protect a person who alleges that they are or believe they may become a victim of domestic violence. The person who files the petition and is seeking the court's protection is called the Petitioner. The person who is served with the petition and must respond to the allegation is called the Respondent.
At the hearing, the judge will decided whether or not to issue a final injunction against domestic violence, dating violence, repeat violence or sexual violence under Florida law.
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Injunctions often accompany criminal cases
In many of these cases, the alleged victim files for a restraining order after a criminal arrest is made. If the respondent was arrested for any incident that arose out of the allegations leading up to the restraining order then it is particularly important to retain a St. Petersburg criminal defense attorney, because anything you say can be used against you in the criminal case pending in any county through the Tampa Bay area.
Even if you are unable to testify at the hearing, your attorney can still cross-examine the witnesses against you, present other evidence, request certain relief, and make sure that the court has a full and complete picture of the events before granting relief to the petitioner in the form of a restraining order, prohibition against returning to your home or visiting with your children, or granting child support or other monetary support to the petitioner.
No-Contact with the petitioner
Anyone served with a Florida's temporary injunction for protection against domestic violence court order should read the order carefully because it tell you what you can and cannot do before the hearing. In most of these cases, the judge will grant the temporary request for a restraining order which means that the judge can order you not to contact the petitioner in person, by phone, text message, social media platform such as MySpace or Facebook, sending gifts, mailing letters, or contacting the petitioner through a third party.
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Prohibition from going to certain locations
Anyone served with a restraining order in Florida (a temporary injunction for protection against domestic violence) may be prohibited from going to certain locations named in the order including the following:
- the petitioner's home;
- the petitioner's place of business;
- the school or daycare facility used by the petitioner's children;
- other places listed in the order;
- being within 100 feet of the petitioner or the petitioner's vehicle.
The order applies even if the petitioner invites you to the petitioner's home or any other location named in the court order. Only the judge can change the temporary restraining order.
Fighting the restraining order
The Respondent will have an opportunity to contest the continuation of the protective order during a hearing. You must attend the hearing. You have a right to retain a private attorney to represent you at the protective order hearing under Florida law for any case in the Tampa Bay area, including restraining order hearings in Pinellas County for Clearwater or St. Petersburg, Manatee County for Bradenton, Sarasota County for Sarasota or Venice, Pasco County for Dade City or New Port Richey, Hillsborough County for Tampa or Plant City, Florida.
Witnesses
Furthermore, your attorney has the right in many cases to take the deposition of the petitioner or any witnesses the petitioner intends to call at the restraining order or protective order hearing. Your attorney can subpoena witnesses to testify on your behalf, including any law enforcement officer that may provide favorable testimony.
Evidence
During the hearing on the protective order against domestic violence, your attorney can present other evidence including phone messages, phone records, pictures, or other documents that show the petitioner's claims are false or exaggerated.
Proof of income
If the petitioner and respondent share a child, the petitioner may be requesting child support. The respondent will need to defend against that action so that a fair child support determination can be entered, if appropriate. In many of these cases the respondent must provide a financial affidavit, pay stubs, tax returns, proof of income, and other financial documents. The petitioner can also be forced to provide such documents during any hearing on the issue of child support.
Divison of property
If the petitioner and respondent own property together, the court hearing the request for a protective order against domestic violence may also enter orders related to that property including a home, car title, or deeds to other shared property.
Protective orders aganist Domestic Violence
The term domestic violence is defined under Florida law for protective orders or restraining orders to include any criminal offense which results in physical injury of any family member or household member or any other person residing the the same single dwelling unit including crimes such as;
- battery or aggravated battery;
- assault or aggravated assault;
- sexual assault or sexual battery;
- stalking or aggravated stalking;
- kidnapping,
- false imprisonment.
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The term family of household member is defined to including the following:
- persons related by blood or marriage;
- person who are presently residing together as a family or who have resided together in the past as if a family;
- a husband and wife;
- a former husband and wife; and
- individuals who share a common child.
The term "repeat violence" means two or more incidents of stalking, cyberstalking or violence committed by the respondent. One of the incidents must have occurred within the last 6 months and must have been directed against the petitioner or the petitioner's immediate family member.
The term "violence" means any stalking, cyberstalking, battery, assault, or sexual battery committed against another person.
The term "injunction for protection" or restraining order under Florida law is defined as a court order which prohibits the respondent from engaging in certain conduct because of an allegation that the respondent has committed acts of violence against another person. The order can do any of the following:
- prevent the respondent from committing any additional acts of domestic violence;
- require the respondent to leave the home, dwelling or residence;
- require the respondent to stay away from the petitioner's home or any home they previously shared;
- preventing the respondent from going to the petitioner's school, business or place of employment;
- award temporary custody of minor children or impose a time sharing schedule; or
- award temporary support for a minor child or children.
Our Soultions
If you have been served with a temporary injunction for protection against domestic violence, repeat violence or dating violence in the greater Tampa Bay area, including St. Petersburg or Clearwater in Pinellas County, Florida, then contact an St. Petersburg domestic violence attorney at the Morris Law Firm to discuss the particular facts of your case.</p>
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Domestic Violence Information and Referrals
State Attorney's Office for the Sixth Judicial Circuit in Pinellas County, Florida
Victim Advocate Office
(727) 464-6221
Police Victim Advocates:
Clearwater, FL
(727) 562-4350
Pinellas Park, FL
(727) 541-0766
Pinellas County Sheriff's Office
(727) 582-6259
St. Petersburg, FL
(727) 892-5128
Clerk of Court
(727) 464-4878
Civil Court Records
315 Court Street
Clearwater, FL 33756
Phone: (727) 464-3267
Pinellas North County Branch
29582 U.S. 19 North
Clearwater, FL 33761
Phone: (727) 464-8710
Pinellas County Criminal Justice Center
14250 49th St. North
Clearwater, FL 33762
Phone: (727) 453-7254
St. Petersburg Branch of the Clerk's Office
545 First Avenue North
St. Petersburg, FL 33701
Phone: (727) 582-7941
Child Abuse
1-800-962-2873
Florida Domestic Violence Hotline
1-800-500-1119
Gulf Coast Legal Services:
Clearwater Office for Gulf Coast Legal Services
(727) 443-0657
St. Petersburg Office for Gulf Coast Legal Services
(727) 821-0726
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Conclusion: Morris Law Firm | Domestic Violence Injunctions for Protection
Morris Law Firm represents clients accused of domestic violence in Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Tampa, Hillsborough, Pasco, Manatee, Sarasota, Polk). Domestic Violence Attorney, Melinda Morris have years of practical and functional knowledge when it comes to filing or violation of domestic violence injuctions / restraining orders in St. Petersburg, Clearwater, and Pinellas County. Contact us today to get assistance with your legal needs.