Injunctions are court orders that are obtained by people alleging that they are victims of another person's actions. The order will require another person to act or refrain from acting in a specified manner. For example, a person who claims that you assaulted her during a date may be able to file for an injunction to prevent dating violence. In some cases, however, people lie to get injunctions for improper purposes. It is important to fight an injunction with the help of an experienced Clearwater injunction attorney because injunctions can open you up to future criminal charges. Hanlon Law fights for the accused.
Injunctions to Prevent Dating Violence Under Florida LawA person may ask for an injunction to prevent dating violence under Florida Statute section 784.046. For example, if you have a continuing romantic or intimate relationship with someone who does not live with you, and they claim that you punched them (non-consensually) during sex, the violence is considered dating violence. Similarly, if you date somebody and strangle her during sex, the violence would be considered dating violence. She may be able to obtain an injunction to prevent dating violence.
Determining whether you have a dating relationship with the victim that justifies an injunction to prevent dating violence depends on many factors, such as: (1) how long the relationship lasted, such as whether it lasted for a minimum of six months, (2) whether the nature of the relationship was marked by an expectation of sexual affection or involvement, and (3) whether your interaction with the victim was continuous and frequent over time. The victim will not be able to claim a dating relationship if people have only been involved in a business or social context. For example, if you made out with your coworker one time, and then she accused you of beating her up, this might not qualify to obtain an injunction to prevent dating violence.
A victim can file a sworn petition for an injunction to halt or prevent dating violence under section 784.046(2)(b) if they believe that they are at imminent risk of becoming a victim of another act of dating violence. The petition must include specific facts and circumstances.
A parent of an underage victim who is living at home can also request an injunction against dating violence on behalf of the minor. The parent or legal guardian will need to prove that: (1) the underage victim is living at home with the parent or legal guardian, and (2) the parent has been given reasonable cause to think that the underage person has been a victim of dating violence.
The judge may hold an initial ex parte hearing for the injunction and issue a temporary injunction. This temporary injunction may terminate in 15 days. In other cases, the court may find that there is no immediate or present threat of dating violence, in which case the court may deny the ex parte temporary injunction. Any hearing for a permanent injunction should be set with notice to you. You should retain a Clearwater criminal lawyer to represent you at this hearing.
An injunction can ask for a halt to several types of acts, along with restraining a perpetrator from committing dating violence. It may prevent you from knowingly going within 100 feet of a petitioner's car, stop you from using or having firearms, or stop you from going within 500 feet of the petitioner's home or places where the petitioner goes. This can present a challenge if any of these places is close to where you go. For example, if you started dating someone who lives in the house next door, and she accused you of dating violence, an injunction could prevent you from living in your existing home.
Seek Guidance from a Clearwater Attorney in Fighting an InjunctionMany people do not realize the potential impact of an injunction to prevent dating violence or another type of violence, such as repeat or sexual violence. If you violate such an injunction, you can be charged with a separate crime. Our firm's founder, Will Hanlon, has defended the accused since 1994. You can call us at 727.897.5413 or complete our online form to discuss your situation with a lawyer.