Florida law allows victims of threats and violent acts to file injunctions against those who threaten them. These injunctions prevent the violent party — or alleged violent party — from contacting the victims or their family. If you need to file for an injunction for repeat violence or fight an unwarranted restraining order in St. Petersburg or the surrounding area, the attorneys from Goldman Wetzel are here to help.
If there is an injunction for repeat violence filed against you, we can also help you understand the terms of the order and defend against the accusations if the police arrest you for violating it.
Petitioning for an Injunction for Repeat Violence in Florida
Many people are familiar with restraining orders related to a domestic violence case, but there are also other types of injunctions available under Florida law. Repeat violence injunctions are available if:
- There are two or more separate incidents of violence or stalking; and
- One of these incidents occurred in the last six months; and
- The situation does not qualify for a domestic violence injunction
The relationship between the petitioner and the respondent in these cases may include:
- Other acquaintances
The type of violent act that may support this type of injunction can vary greatly, but may include:
- Assault or battery
- Aggravated assault or aggravated battery
- Sexual assault
- Sexual battery
- Kidnapping or false imprisonment
- Any other type of action that results in physical injuries to the petitioner or their minor child
If we believe a repeat violence injunction is the best fit for your situation, we can help you file your Form 12.980(f), which is a Petition for Injunction for Protection Against Repeat Violence. We will file this petition for you in the local circuit court, and explain how the process works. We will be with you every step of the way.
In most cases, the judge will approve a temporary restraining order right away and send someone to serve the respondent. We will then need to go to work collecting evidence to support the continued injunction before your court date arrives.
What Happens If Someone Files an Injunction Against Me?
If someone files a restraining order against you for repeat violence, you will likely find out when an officer serves you with an “ex parte” order. This is a temporary injunction based on the petitioner’s complaint and is only in effect until the court date. If someone petitioned for a repeat violence injunction against you, the lawyers from Goldman Wetzel are here to help.
We can explain the order, help you understand your rights, and represent you during the hearing. While the initial petition only takes the petitioner’s viewpoint into account, we can present your side of the story during the formal hearing. With a strong case, we may be able to prevent the injunction.
Penalties Related to Violating a Florida Injunction
If the court upholds the petition and there is an injunction for repeat violence against you, it is extremely important that you do not knowingly violate the terms of the order. You should be sure you understand what you can and cannot do, because violating the order may bring criminal charges.
If you do violate a restraining order in Florida, you could face first-degree misdemeanor charges. The penalties, if convicted, are significant. They may include:
- Up to 365 days in jail
- One year of probation
- Significant fines
Penalties increase with multiple violations or other aggravating circumstances. You could even face felony charges in some cases.
If you face accusations of violating an injunction for repeat violence, our team is standing by to review your case and help you fight the allegations. Let us build a strong defense on your behalf.
The Goldman Wetzel Attorneys Can Help You
If you have questions or concerns about an injunction for repeat violence, the defense team from Goldman Wetzel has the answers you need. We can help with your case, no matter if you need help filing for an injunction, fighting against an injunction, or if you stand accused of violating an injunction.
The Goldman Wetzel lawyers work together on every case. Our unique backgrounds bring knowledge from both sides to every case. We know how the prosecutor’s office operates, but we also have the trial experience of a career defense attorney.
Our team accepts cases in Tampa, St. Petersburg, Bradenton, Sarasota, and Pinellas County. Call us today at 727-828-3900 to talk to someone about your case or to learn more about how we can help you.