Injunctions to Prevent Repeat Violence

An injunction is an order that places limits on the respondent's freedom. Many people associate a restraining order with stalkers or domestic violence victims. However, two people do not need to have a special relationship for one of them to seek an injunction. Repeat violence is a legitimate basis to seek an injunction in Florida. If you are concerned about an injunction to prevent repeat violence, you should consult an experienced Bradenton injunction lawyer. Injunctions can open the door to future criminal charges and should be taken very seriously.

People subject to repeat violence are entitled to ask for an injunction against the person who attacked them, regardless of whether there is a familiar or intimate relationship with that person. Repeat violence injunctions are sought when there have been two or more instances of violence. Even if one of the two or more violent incidents was against the petitioner's family member, it may be appropriate to seek a repeat violence injunction. The repeat violence could include battery, aggravated battery, sexual battery, sexual assault, aggravated assault, false imprisonment, kidnapping, or another violent crime.

An injunction will order you to do or not do a particular act. It could restrain you from going within 500 feet of the victim, or within 100 feet of the victim's house or car. The victim will need to file a sworn petition alleging specific facts and circumstances that amount to repeat violence. Repeat violence needs to include at least two episodes of violence or stalking by the respondent, and one of those two needs to be within six months of the victim filing a petition. The petition can be directed against the petitioner or his or her family. The petitioner can be the victim, but it could also be a parent or legal guardian of a minor child who is a victim of repeat violence. For example, if a parent alleges that you committed battery against his child on two separate occasions, it may be possible for that parent to obtain an injunction against you for repeat violence.

The parent must have reason to think that the child was subject to repeat violence. Moreover, there are more stringent requirements if a parent seeks this type of injunction against another parent due to alleged child abuse. In such cases, an injunction against domestic violence might be more appropriate.

After a sworn petition has been filed, the court must set a hearing for the earliest possible date. The petitioner is supposed to personally serve you with a copy of the sworn petition and notice for the hearing. If a temporary ex parte injunction was already gotten from the court, you are supposed to be personally served with a copy of that petition. The full hearing is your opportunity to present your side of the story. The petitioner will try to make the case that there is an immediate, present risk of repeat violence, and your lawyer can oppose it by presenting evidence and arguments that there is no immediate, present risk of repeat violence.

If an injunction is granted, it is possible that you may face future criminal charges as a result of an alleged violation of an injunction. Moreover, the petitioner can ask for extensions without making specific allegations that you violated the order.

If you are served with papers for an injunction to prevent repeat violence in or around Bradenton, it is important to take the proceedings seriously. An injunction to which you do not strictly adhere opens you up to future criminal charges, which in turn could lead to jail time and a criminal record. Will Hanlon has represented people accused of violent crimes and served with related injunctions since 1994. Call Hanlon Law at 941.253.0254 or complete our online form to set up an appointment to discuss your situation with an attorney.