In many
cases, victims are encouraged to seek a Restraining Order or
Domestic Violence Injunction as a result of an arrest for Domestic
Violence. If an Injunction or Restraining petition is filed against
you, contact our office immediately if you wish to challenge
and overturn the temporary injunction.
The Participants
The individual who files for an Injunction for protection or Restraining Order
is called the Petitioner. The individual accused of an act
of domestic violence and who must answer to a judge regarding specific acts
is called the Respondent.
Injunction & Restraining Order – The Process
If an injunction is sought, the petitioner files a sworn affidavit with the
clerk's office alleging prior violent behavior and fear of future violence.
If a temporary injunction is issued, the sheriff's department will serve
a copy of the temporary injunction upon the respondent notifying him/her
of the conditions as well as a court date to appear before a judge who will
hear evidence from both sides and rule on the finality of the injunction.
What are the different types of Injunctions & Restraining Orders?
Florida Statutes lists three (3) distinct types of Injunctions:
- Domestic Violence Injunction – Family related by blood or marriage and/or individuals
living within the same household
- Repeat Violence Injunction – Individuals, family or otherwise, who allege prior
acts of violence either by threat or action repeated by the same person
- Dating Violence Injunction – Individuals who have had a previous or current
dating relationship may seek an injunction against the other party where prior
acts of violence have been alleged and there is a threat of current or future
violence
What Sanctions can a Judge Impose?
The judge has the power to place life-altering conditions upon the respondent,
which can last for one year or more. These conditions include:
- Not returning to the residence
- Not having contact with the alleged victim
- Altering visitation of shared children
- Altering child support/alimony
- Prohibit being to a particular area
- Surrender all firearms
- Other conditions
If you are accused of violating any of the conditions imposed by either a temporary
or final Injunction/Restraining Order, you could face criminal prosecution, which
includes up to one year in jail.
Why Hire Tilden Law to represent me?
Our firm focuses on preventing its clients from suffering any of the embarrassing
and inconvenient conditions often associated with domestic violence injunctions
or restraining orders. Specifically, our efforts are concentrated on preventing
the imposition of the injunction altogether and petition to have the injunction
dismissed.
Some of the areas of focus include:
- Were there any independent witnesses that contradict the victim
- Has the alleged victim changed their mind about the injunction
- Is there independent evidence of the victim's bad character
- Utilize the rules of court to maintain impartiality, i.e., let the alleged
victim prove her/his own case
Remember, if you are found guilty
of violating the terms and conditions of a domestic violence injunction,
this charge will remain on your criminal record for your lifetime. It is important to consult with an
attorney with experience in defending and representing clients in this area to
best represent and preserve your individual rights.
Domestic
Violence and Injunction/Restraining Order cases should never be handled by general
criminal practice attorneys and lawyers. It takes years of criminal law practice
from both perspectives of a prosecutor and defense attorney and specialized Domestic
Violence Defense training to properly represent the rights of a client arrested
for Domestic Violence or violation of an Injunction/Restraining Order. Attorney
N. Fleetwood Tilden is in his 15th year of criminal trial practice and is a former
Central Florida Domestic Violence Prosecutor and has handled over 500 criminal
Domestic Violence and Injunction/Restraining Order cases.
Contact the law firm of Tilden Law for
a free case evaluation and visit Domestic Violence Case
Wins.
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