Orlando Domestic Violence Injunction
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 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.
Contact Criminal Defense Attorney N. Fleetwood Tilden – Free Initial Consultation
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Call 407.599.1234 to speak with a highly experienced Central Florida attorney.