Florida allows the victims of sexual violence to petition for protection by limiting the contact a violent sexual offender — or alleged violent sexual offender — has with the victim and their family. While injunctions for domestic violence cover conflicts between spouses, former spouses, and other familial relationships, injunctions for sexual violence apply to friends, neighbors, co-workers, acquaintances, and strangers.
At Goldman Wetzel, our attorneys can help you petition for an injunction for sexual violence or defend you from an unwarranted restraining order claiming you acted violently. We can also represent you in your criminal case if you are accused of violating a current injunction against you.
Petitioning for a Sexual Violence Injunction in Florida
Our attorneys can help you petition for an injunction for sexual violence in a Florida circuit court if you or your minor child was the victim of sexual violence. The court will likely approve a temporary protective order quickly if there is any indication of a violent sexual crime. This may include:
- Sexual battery
- Lewd or lascivious acts in the presence of someone under age 16
- Luring or enticing a child
- Sexual performance by a child
- Sexual assault
- Other violent felonies involving a sexual act
Florida law requires you to report the violent sexual act in question to police and cooperate with the subsequent investigation. However, you do not need to wait on the outcome of that case. We can also help you file for an injunction if the perpetrator who victimized you or your child is getting out of prison soon.
To get a sexual violence injunction, we will file a sworn petition with the local circuit court. This court generally issues a temporary “ex parte” restraining order based on your side of the story and schedules a formal hearing date to allow the respondent to present their side.
Fighting Back Against an Injunction for Sexual Violence
If someone petitioned for a sexual violence injunction against you, you will get served with the paperwork outlining the temporary protective order and your court date. If this happens to you, give the team from Goldman Wetzel a call. We can help you understand the rules of the order and fight back against the injunction during the hearing.
Since the court issued the temporary injunction based only on the petitioner’s side of the story, your hearing date is usually only a short time from the date of the original petition. We will need to go to work quickly to build a case and challenge the injunction.
We Can Represent You If You Violated a Sexual Violence Injunction
If a petitioner wins an injunction for sexual violence against you, it is imperative you understand the rules of the restraining order and follow them to the letter. Violating one of these rules could lead to criminal charges and significant penalties.
If you face allegations of violating an injunction for sexual violence, or if charges are pending, reach out to our team right away. We will go to work immediately to protect your rights and pursue a more favorable outcome. Florida classifies most violations of restraining orders as first-degree misdemeanors. If the courts convict you of violating an injunction, you could face:
- Up to one year in jail
- One year of probation
- $1,000 in fines
There are often aggravating circumstances when a respondent violates an injunction. When this happens, or when there are multiple violations, the penalties could increase dramatically. In some cases, Florida law allows them to charge subsequent violations of a restraining order as a felony.
Talk to the Goldman Wetzel Attorneys About Your Injunction for Sexual Violence
The Florida defense attorneys from Goldman Wetzel can answer your questions or address your concerns about restraining orders and injunctions in St. Petersburg and the surrounding area. Our team will review your circumstances and can help you petition for an injunction for sexual violence, fight against an unwarranted injunction, or defend yourself after violating an injunction.
At Goldman Wetzel, our two attorneys always work together. When you hire one of us to handle your injunction case, you hire both of us. Our team pairs the experience of someone who worked in the prosecutor’s office with the knowledge of a career defense attorney, giving you a well-rounded view of your case and equipping us to handle anything that comes our way.
Goldman Wetzel serves St. Petersburg and the surrounding regions, including Bradenton, Sarasota, Tampa, and greater Pinellas County. Call us today at 727-828-3900 to learn more about our services.