Have you been served with a subpoena, in Broward County for a “Restraining Order” or “Temporary Injunction” for domestic violence or some other allegation? If so, it is important to hire an attorney who has experience in the field of Protection Orders. An injunction or restraining order can have a detrimental impact on your reputation and livelihood. Fort Lauderdale Restraining Order Lawyer, Dave Simmons, at the Law Offices of Dave L. Simmons, P.A., is an experienced and skilled attorney in this field.
A Protection Order in general is a “Court Order” designed to protect a person against violence or other forms of abuse such as stalking. There are five types of Protection Orders in Florida, commonly referred to as “restraining orders,” although the legal term in Florida is an “Injunction.” This type of injunction relief may be temporary or permanent.
Florida law provides Orders of Protection for the following offenses:
- Domestic Violence
- Dating Violence
- Repeat Violence
- Sexual Violence
Specifically, an injunction, is a court order that prohibits contact either directly or indirectly from the person petitioning for the Injunction. The “petitioner” is a person who is seeking an injunction, while the “respondent” is the person who is defending against the allegations of the petitioner.
We are often retained by the Respondent in these matters, but also represent the petitioner as well. For the respondent, injunctions are extremely serious matters. They are made part of the public record and can never be sealed or expunged. As such, they are readily available to the general public including your employer or potential employers, family members, and other influential institutions in your life.
A restraining order, when requested by the alleged victim or petitioner, is free and very easy to file with the court, and if granted by the court gives the petitioner a significant strategical advantage. They restrict the movement of one party and can be used to gain the upper hand in situations such as divorce and child custody matters. A person who has an injunction against him/her will be required to move out of the residence regardless of ownership and may be precluded from contact with minor children in certain situations.
Penalties of an Injunction filed against you include the following:
- Although not criminal, a civil injunction will appear in a criminal background check and will be seen by employers, universities, landlords, and all organizations when working with children.
- You will be forced to leave your residence if you live with the petitioner.
- A prohibition from having a firearm or other weapon in your possession while the Injunction is in place.
- Any concealed weapons permit will be lost.
- If you become in violation of the order, criminal charges can be filed against you.
- Under certain circumstances, you will be precluded from seeing your minor children.
An injunction is governed by the civil rules of procedure but deal with criminal statutes. As you can see by the severe penalties when facing an injunction, it is important to have an attorney on your side that understands the law and procedures involved in defending against an Injunction and in the alternative of petitioning for an injunction.
Dave Simmons, at the Law Offices of Dave L. Simmons, P.A. recognizes the serious ramifications of Protection Orders and has provided experienced and skilled representation for over 20 years to clients both as petitioners and respondents in these matters.
When faced with an injunction, it is important not to delay in obtaining experienced representation as time is of the essence. When a respondent/accused party is first served with an Injunction it is temporary in nature. This temporary injunction is effective for no more than 15 days. In which time, the court will set down a full evidentiary hearing and rule as to whether the injunction should be made final or dismissed. If the Injunction is made final it may be indefinite or for a fixed number of years.Domestic Violence Injunction
The rules that govern domestic violence injunctions are outlined in Florida Statute 741.30. This type of injunction is available to “family members” and may be filed where the petitioner lives, where the respondent lives, or where the alleged act of domestic violence took place. “Family” is generally defined as a spouse, ex-spouse, sibling, parent, grandparent, aunt, uncle etc. The court can grant a temporary restraining order when the petitioner makes an allegation of domestic violence or imminent fear of domestic violence.
Domestic violence is defined as an act or threat of violence against “family” including, battery, aggravated battery, sexual battery, strangulation, assault, aggravated assault, stalking, aggravated stalking and other acts of violence.
Dave Simmons, at the Law Offices of Dave L. Simmons, P.A. also represents those individuals who are victims of domestic violence. If a family member is committing acts domestic violence, the firm can represent you in court by petitioning the court for a temporary restraining order and after an evidentiary hearing securing a permanent injunction.
If granted by the court, an Injunction Order may provide the following relief:
- The respondent will be prevented from contacting the petitioner directly or indirectly or by any form of communication.
- The respondent will be ordered to surrender any firearm or other weapons
- The petitioner will be given exclusive residence to the home
- The respondent may be required to take a Batterer’s Intervention Course
- When minor children are involved, the court may set visitation schedule or order child support
If you are a target of a domestic violence Injunction or are a victim of domestic violence, contact Fort Lauderdale Domestic Violence Restraining Order Lawyer, Dave Simmons, at 954-765-3540.Dating Violence Injunction
A person who is a victim of dating violence my petition the court for injunctive relief. In making the determination of “dating violence” the court will look to specific details regarding the relationship of the individuals involved. The court will look to whether the relationship has existed for the last 6 months, whether the relationship was sexual in nature with an expectation of affection and will look to the frequency and type interaction involved in the relationship.
If you are a target of a dating violence Injunction or are a victim of dating violence, contact Fort Lauderdale dating violence injunction lawyer, Dave Simmons, at 954-765-3540Sexual Violence Injunction
In order to obtain an Injunction for sexual violence, the petitioner will be required to show an incident of sexual violence or molestation. The incident must be reported to law enforcement and the petitioner must actively cooperate with law enforcement in the criminal investigation. In the alternative, a petitioner/victim can petition the court of a Sexual Violence Injunction if the respondent was convicted and incarcerated for an act of sexual violence and the sentence has termed or is due to term in the preceding 90 days.
If you are a target of a sexual violence Injunction or are a victim of sexual violence, contact Fort Lauderdale sexual violence injunction lawyer, Dave Simmons, at 954-765-3540Repeat Violence Injunction
When violent acts occur outside of the above-referenced situations, it is still possible to obtain an Injunction. The petitioner will be required to show at least two incidents of violence, with one occurring within the last six months.
If you are a target of a repeat violence Injunction or are a victim of repeat violence, contact Fort Lauderdale repeat violence injunction lawyer, Dave Simmons, at 954-765-3540Stalking and Cyber Stalking Injunctions
The Petitioner will be required to show two separate instances of stalking. To find stalking the court will look for “willful, malicious, and repeated following, harassing, or cyberstalking of another person.
If you are a target of a stalking or cyber stalking Injunction or are a victim of stalking or cyber stalking, contact Fort Lauderdale stalking injunction lawyer, Dave Simmons, at 954-765-3540.