Injunctions for Repeat Violence
Not all injunctions for protection involve dating relationships or domestic violence. A person may be able to seek injunctions for protection against repeat violence.
The person who submits a petition for an injunction is the petitioner, while the person who the petitioner is seeking protection from is referred to as the respondent. Florida Statute § 784.046 defines repeat violence as “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.”
Attorney for Injunctions for Repeat Violence in St. Petersburg, FL
If you have been served notice about an injunction for protection against repeat violence or were arrested for allegedly violating a repeat violence injunction, it will be in your best interest to quickly seek legal representation. Morris Law Firm, P.A. defends clients facing domestic violence charges in Largo, Pinellas Park, Dunedin, Clearwater, and several surrounding areas of Pinellas County.
Melinda Morris is an experienced criminal defense lawyer in St. Petersburg who has handled these types of cases on the other side of the aisle as a former felony prosecutor for the State Attorney’s Office in Pinellas County.
Call (727) 388-4736 right now to have our attorney review your case and answer all of your legal questions during a free, confidential consultation.
Overview of Injunctions for Repeat Violence in Florida
- Who may submit a petition for an injunction for protection against repeat violence?
- What constitutes a violation of a repeat violence injunction?
- Where can I find more information about injunctions for repeat violence in St. Petersburg?
Repeat violence includes assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death.
When a person or a member of his or her immediate family is a victim of repeat violence and an immediate and present danger of repeat violence to that person or his or her family exists, the individual can file a petition for an injunction for protection against repeat violence.
The parent or legal guardian of any minor child who is living at home can seek an injunction for protection against repeat violence on behalf of the minor child, so long as the parent or legal guardian was an eye-witness to, or had direct physical evidence or affidavits from eye-witnesses of, the specific facts and circumstances that form the basis of the petition. When a respondent is a petitioner’s spouse, former spouse, related to the petitioner by blood or marriage, living with the petitioner now or has lived with the petitioner in the past, or the other parent of the petitioner’s child or children, whether or not they have ever been married or ever lived together, the petitioner must instead submit a petition for injunction for protection against domestic violence.
Once a petition has been filed, Florida Statute § 784.046(5), directs a court to set a hearing to be held at the earliest possible time once a petition has been filed. If the facts contained in the petition convince the judge that the petitioner or a member of his or her immediate family is a victim of repeat violence and that an immediate and present danger of repeat violence exists, the judge will sign a temporary injunction for protection against repeat violence (also referred to as an ex parte order).
The temporary injunction takes effect immediately after the respondent is served with a copy of it, and the order remains in effect until a full hearing can be held or for a period of 15 days, whichever comes first. Both the petitioner and the respondent will have the opportunity to present evidence to the court at the full hearing, and both parties will be bound by the terms of any injunction or order issued in the matter even if the petitioner or respondent does not appear in court for the final hearing.
Florida Statute § 784.047 establishes a person willfully violates an injunction for protection against repeat violence by:
- Refusing to vacate the dwelling that the parties share;
- Going to, or being within 500 feet of, the petitioner’s residence, school, place of employment, or a specified place frequented regularly by the petitioner and any named family or household member;
- Committing an act of repeat violence, sexual violence, or dating violence against the petitioner;
- Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner;
- Telephoning, contacting, or otherwise communicating with the petitioner directly or indirectly, unless the injunction specifically allows indirect contact through a third party;
- Knowingly and intentionally coming within 100 feet of the petitioner’s motor vehicle, whether or not that vehicle is occupied;
- Defacing or destroying the petitioner’s personal property, including the petitioner’s motor vehicle; or
- Refusing to surrender firearms or ammunition if ordered to do so by the court.
Violating an injunction for protection against repeat violence is a first-degree misdemeanor punishable by up to one year in jail and a fine of up to $1,000. If an alleged offender has two or more prior convictions for violation of an injunction or foreign protection order, any subsequent violation is a third-degree felony punishable by up to five years in prison and a fine of up to $5,000.
Florida Family Law Rules of Procedure Form 12.980(f) | Petition for Injunction for Protection Against Repeat Violence — You can view the instructions for the form to ask the court for a protective order prohibiting repeat violence. Learn about what happens if a judge grants the petition or if the judge denies the petition. The form should be typed or printed in black ink and signed in the presence of a notary or in front of the clerk of the circuit court in the county where you live.
Repeat Violence Checklist | Florida Courts — View a checklist relating to repeat violence injunctions that provides key definitions and explains who has standing to file petitions for such injunctions. You can also learn more about temporary injunctions and final injunctions, as well the types of relief that may be provided. The checklist also contains information about requirements, modification, termination, and enforcement of repeat violence injunctions.
Find an Injunctions for Repeat Violence Defense Lawyer in St. Petersburg, FL
Were you arrested for allegedly violating an injunction for protection against repeat violence or have you been served notice about being named as a respondent in such an injunction in the Tampa Bay area? You should immediately contact Morris Law Firm, P.A..
St. Petersburg criminal defense attorney Melinda Morris represents individuals in Pasco County, Pinellas County, Hillsborough County, Manatee County, and Sarasota County.
You can have our lawyer provide an honest and thorough evaluation of your case as soon as you call (727) 388-4736 or complete an online contact form to receive a free initial consultation.