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 attorney 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 the person who filed the petition for the injunction. It is meant to help protect a person from threats or acts of violence by the person they filed for a permanent injunction against. Before the hearing on the permanent injunction, the judge may order a temporary injunction which will normally last through the date of the permanent injunction hearing. 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 six months.
“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 six 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.
For more information regarding repeat violence, sexual violence, and dating violence protective injunctions, please see Florida Statute, Sec. 784.046. See Florida Statute, Sec. 741.30 for more information regarding a protective order against domestic violence.
Temporary Injunctions and Permanent Injunctions
After the person who claims to have been victimized (the petitioner) submits their petition, a judge will review it and determine whether there are sufficient grounds in the petition to enter a temporary injunction against the individual named in the petition (the respondent). A police officer will then serve a copy of the petition and temporary injunction on the respondent, along with a notice of hearing on the permanent injunction. At this hearing, the judge will decide whether to enter a permanent injunction against the respondent after hearing from the petitioner and the respondent.
Both a permanent and temporary injunction prohibits the respondent from contacting the petitioner. If the respondent, or another person on their behalf, contacts the petitioner before the hearing, the respondent can face criminal charges and may need to pay an additional fee for criminal defense.
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 sh