Domestic Violence Lawyer in Miami
An “injunction” or “injunction for protection against domestic violence” is a court order issued by a Circuit Court Judge that places restrictions on a person's ability to have contact with another individual (often times a spouse and / or the other parent of a child in common). Most people refer to this type of court order as a “restraining order,” but Florida law uses the term “injunction” exclusively. When a injunction is issued and served or an injunction is made final, it is public record and can easily be viewed by employers, neighbors, and members of the general public. You can start the process today and speak to a Domestic Violence Lawyer in Miami.
There are four (4) different types of injunctions under Florida Law:
- DOMESTIC VIOLENCE INJUNCTIONS: In accordance with Florida Statutes Section 741.30 (1) (a), any person described in paragraph (e) (spouse or former spouse, a person related by blood or marriage), who is either the victim of domestic violence as defined in s. 741.28 or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence, has standing in the circuit court to file a sworn petition for an injunction for protection against domestic violence
- REPEAT VIOLENCE INCJUNCTIONS: Moreover, Florida Statutes Section 784.046 (1) (b) states that “Repeat violence” means two (2) incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member. There is created a cause of action for an injunction for protection in cases of repeat violence under s. 784.046 (2).
- SEXUAL VIOLENCE INJUNCTIONS: Pursuant to Florida Statutes Section 784.046 (1) (c) “Sexual violence” means any one (1)incident of Sexual battery, as defined in chapter 794; a lewd or lascivious act, as defined in chapter 800, committed upon or in the presence of a person younger than 16 years of age; Luring or enticing a child, as described in chapter 787; Sexual performance by a child, as described in chapter 827; or any other forcible felony wherein a sexual act is committed or attempted, regardless of whether criminal charges based on the incident were filed, reduced, or dismissed by the state attorney. There is created a cause of action for an injunction for protection in cases of sexual violence under s. 784.046 (2).
- DATING VIOLENCE INJUNCTIONS: Furthermore, under Florida Statutes Section 784.046 (1) (c) “Dating violence” means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on the consideration of the following factors: A dating relationship must have existed within the past 6 months; the nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties; and the frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship. The term does not include violence in a casual acquaintanceship or violence between individuals who only have engaged in ordinary fraternization in a business or social context. There is created a cause of action for an injunction for protection in cases of dating violence under s. 784.046 (2).
A person who violates a restaining order or injunction in Florida is likely to face a criminal prosecution. Most often, violations of injunctions are treated as first degree misdemeanor offenses. However, in some situations, a person can be charged with the felony offense of “Aggravated Stalking” if their case involves multiple violations of their injunction in an attempt to harass or threaten the other party. A violation of an injunction (restraining order) is treated as a serious matter by the court, the State Attorney's Office and the police. The underlying rationale for the aggressive treatment of these violations is the public policy against domestic violence as well as the idea that the accused willfully disregarded a direct court order. For this reason, having the assistance of an experienced attorney is imperative, as you may be subjected to civil and / or criminal penalties including but not limited to possible felony charges.
The legal team at Segarra & Associates, P.A. is knowledgeable of the intricacies of domestic violence injunction cases. We have extensive experience representing victims of domestic violence seeking protection from the courts. We also represent clients who have injunctions filed against them. Our managing partner, Manny Segarra, worked at the Miami-Dade State Attorney's Office as a Prosecutor in the Domestic Crimes Unit for over eight (8) years and is acutely aware of the complex issues that arise in domestic violence injunction cases.
Contact us for a consultation regarding your injunction case with a domestic violence lawyer in Miami. We are committed to giving your case our full attention and are available now to speak with you. Call us today. (305) 742-5042.