Domestic Violence Injunction Attorney in Miami, FL
If someone has filed a petition for an injunction against you in Miami, it is critical that you only consult with an experienced Miami injunction lawyer as soon as possible to ensure that your rights are protected. Whether it is a domestic violence injunction, stalking injunction, repeat violence injunction, or dating violence injunction, you need the counsel of an experienced Miami injunction lawyer to guide you through the process and maximize your chances of resolving your case with a favorable outcome.
Types of Injunctions Under Florida Law
An injunction is a court order—sometimes called a “restraining order”—that prohibits a person from having any contact with you. It is meant to help protect a person from threats or acts of violence by another. Florida law provides for four types of injunctions against violence:
- Domestic Violence Injunction: A petition for a domestic violence injunction may be filed by a person who either now or in the past has lived with you as a “family.” “Family” includes people who you are related to by blood or marriage; spouses, ex-spouses, parents, grandparents, aunts, uncles; parties intimately involved and living together but never married; adopted children; step-parents and step-children, and others OR a person who is the parent of your child/children, regardless of whether you have ever been married or lived together.
“Domestic violence” includes: assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any other criminal offense resulting in physical injury or death to petitioner or petitioner’s family or household members who are residing in the same single dwelling unit with the petitioner.
- Sexual Violence Injunction: A petition for a sexual violence injunction may be filed by a person, including a minor, who alleges that you have committed one act of sexual violence against them. The person is not required to have a domestic or dating relationship with you.
“Sexual violence” is defined as one incident of sexual battery; a lewd or lascivious act committed upon, or in the presence of, a person younger than 16; luring or enticing a child’s sexual performance; or any other forcible felony where a sexual act is committed or attempted.
- Dating Violence Injunction: A petition for a dating violence injunction can be filed against you by a person, including a minor, who you dated within the past 6 month.
“Violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person.
- Repeat Violence Injunction: A petition for a repeat violence injunction can be filed by a person alleging you committed two acts of violence against them (see definition of violence above), or that you stalked them, with the requirement that one of the acts of violence or stalking must have been within the past 6 months. These types of injunctions are meant to cover situations where the relationship of the person to you is of a non-domestic or non-dating nature.
Consequences of an Injunction Being Entered Against You
The granting of an injunction (also referred to as a restraining order) against you can have serious consequences and may:
- affect your ability to purchase and possess weapons or ammunition;
- be enforced in all 50 states;
- require you to leave a shared residence;
- restrict and limit visitation with your children;
- require you to pay support for your children and/or the petitioner;
- cause you to be deported if you are not a U.S. Citizen or affect your application for citizenship;
- affect employment applications or your employment status;
- affect your professional licenses; and,
- affect your admission to the military, schools, colleges, or universities.
Filing a Restraining Order in Miami – Information from the Miami-Dade County Clerk of Court about how to file and where to file injunctions/restraining orders.
Contact an Experienced Miami Injunction Attorney
Over the years, we have represented hundreds of clients in a wide range of cases. There is a good chance that our defense attorneys have dealt with your type of case and have represented clients who shared similar needs and concerns that you may have. Feel free to browse through the results section of our site for a representative sample of some of our past cases, and the results we have achieved for our clients.
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