In Florida, restraining orders or injunctions for protection can be granted as a protective measure to prevent a person from suffering violence. To get a restraining order in Bradenton, the person must provide specific information that convinces the court about the presence of violence or the risk/fear to become a victim of violence.
Injunctions of protection are binding orders that are taken very seriously in Florida. Thus, if a person was to file a restraining order (petitioner), he or she will need to provide compelling evidence to support the claim. On the other hand, if someone has an injunction against you, you must abide by the restrictions issued by the court.
What is an Injunction for Protection in Florida?
Injunctions for protection are court documents that are issued to prevent the contact between two people. Also known as restraining orders, injunctions are meant to protect the petitioner (the person requesting the injunction) from an alleged threat or act of violence.
Depending on the nature of the relationship between the petitioner and the respondent (the person whom the petitioner filed against), restraining orders in Bradenton can be classified as one of the following:
- Domestic violence injunctions
- Repeated violence injunctions
- Sexual violence injunctions
- Dating violence injunctions
- Stalking / Harassment injunctions
How Restraining Orders Work
If a person’s petition meets the injunction requirements, the court will grant her or him a temporary injunction with all the restrictions by which the respondent must abide. A temporary injunction is only valid for fifteen days.
Once the temporary restraining order is granted, the court will assign an injunction hearing to determine whether to issue a final injunction. When respondents fail to obey the restrictions ordered in their injunction, they may face criminal charges.
The terms of an injunction for protection are meant to offer protective measures to prevent any direct or indirect interaction between the petitioner and the respondent. As a result, if you have a restraining order against you, you might be prevented from seeing your children, entering your home or owning firearms.
In Florida, injunctions are powerful legal instruments, but many people misunderstand how to obtain or defend against them. Since these restrictions can have a negative impact on your life, you should enlist the help of a Bradenton restraining order attorney. Contact our legal team to know your legal options.
Reasons for a restraining order in Florida
Injunctions of protection prevent an alleged victim from suffering violence. However, there are some grounds that people must take into account before filing a restraining order. Some reasons to request a restraining order might include:
- Being a victim of a sex crime committed by the aggressor.
- Feeling scared about being a victim of violence.
- Have suffered physical or verbal abuse.
- Have received threats of physical harm.
- Being followed, stalked or harassed without a legitimate purpose.
If you have suffered from violence or believe that you are in danger of violence, you might be able to file a restraining order in Bradenton or Manatee County, FL. Keep in mind that not all injunctions are the same, so before filling a petition, make sure you understand what the appropriate option for your case is.
How to get a restraining order in Manatee County?
Manatee County residents can get a restraining order by going to the Clerk of the Circuit Court office and requesting the necessary paperwork. After filling out the forms, you will be asked to swear that the provided information is true and correct.
Once your paperwork is complete, a judge will review your petition and decide whether to grant you a temporary restraining order. If the temporary injunction is granted, the court will assign a date for a hearing where they can evaluate if the petitioner needs a final injunction.
Although it is not mandatory to have legal representation during this process, having an experienced attorney on your side will ensure that your rights are protected and that you have a strong and compelling case to present to the judge. If you are seeking legal representation, get in touch with our injunctions lawyers in Manatee County.
Penalty for Violating a Restraining Order in Bradenton, FL
As mentioned above, a restraining order in Florida presents different restrictions that the respondent must obey. These rules are issued based on the information and evidence presented to the judge.
Failing to comply with these terms is known as violation of a restraining order which is classified as a first-degree misdemeanor. In other words, if a respondent violates one or more of the imposed restrictions, he or she might face a maximum penalty of:
- 1 year of jail
- $1,000 fine
In cases of domestic violence, the judge might also request the offender to attend a 26-weeks Batterer’s Intervention Program. When it comes to violating an injunction, it is important to keep in mind that, even if the petitioner initiates the interaction, the respondent can still face charges for violating a restraining order.
Additionally, in Florida, if a defendant has two or more violations on their record, the state will increase the charges from a first-degree misdemeanor to third-degree felony. This could potentially result in a sentence of up to 5 years in prison a $5,000 fine, not to mention additional sanctions such as loss of voting privileges and the right to own a gun.
What Happens if You Don’t Show Up For a Restraining Order Hearing?
In Florida, the purpose of the injunction hearing is for both parties to present information and evidence to support their case. If one of the parties does not attend the hearing, the judge will make a decision without knowing all the information.
In other words, if the respondent does not attend the hearing, the judge might issue a final injunction since he or she does not have evidence that proves that the injunction is not necessary. However, if both parties fail to attend the hearing, the judge might dismiss the restraining order.
If you have been notified of a restraining order hearing in Manatee County, you should attend to it since the decisions made in this hearing can have a negative effect on your life. During the hearing, you will have the opportunity to present any evidence to fight the restraining order.
Although you can gather evidence and support information yourself, having legal representation can help you build a stronger case. At Goldman Wetzel, our lawyers have extensive experience fighting restraining orders in Florida. If you have any questions about your injunction, contact us for a free consultation.
Speak to an Injunction Lawyer in Manatee County
Dealing with the legal technicalities of a restraining order in Bradenton can be an overwhelming and frustrating experience for both petitioners and respondents. In order to get a favorable outcome, you might need to enlist the help of an injunction attorney.
Goldman Wetzel is a Bradenton criminal defense law firm that represents clients facing criminal charges in Palmetto, Manatee County, and surrounding areas.
If you have violated a restraining order or have been served a notification for an injunction hearing, contact our attorneys to get legal representation. Contact us via email form or call us at (941) 405-5193 for a free no-obligation consultation.