REPEAT VIOLENCE INJUNCTION LAWYER IN TAMPA, FL
Experienced Repeat Violence Injunction Attorney Serving Pinellas & Hillsborough County, FL
In Florida, a civil injunction filed to prevent repeat violence may be granted when someone claims they are in danger of becoming the victim of additional violent acts. Even though these cases are handled in civil court, the consequences can be severe and may affect your employment, housing opportunities, firearm rights, and future background checks. These injunctions and anything said during their hearings can also be used later as evidence in a criminal trial.
At Buda Law, Attorney Andrew Buda understands how stressful and overwhelming these accusations can be. As an experienced Tampa criminal attorney serving clients throughout Hillsborough County, Pinellas County, and the surrounding areas, he works aggressively to protect the rights of individuals facing injunction hearings and related criminal legal issues. Whether you were served with a temporary injunction or need immediate representation before a final hearing, Buda Law can help you prepare a strong defense and challenge unsupported allegations before they create long-term consequences.
To schedule a free consultation with an experienced attorney on our team, call (813) 322-2832 or use our online contact form.
What is a Repeat Violence Injunction?
Florida law allows individuals to protect themselves from different types of violence through injunctions for protection. These court orders place restrictions on abusers and other violent perpetrators. A repeat violence injunction aims to prevent repeat violence.
Other kinds of Florida injunctions are more limited in scope. Some injunctions target specific kinds of criminal activity. For example, a sexual violence injunction applies to specific sex crimes. This includes sexual battery, lewd or lascivious acts committed on/in the presence of a person younger than 16, sexual performance by a child, and other similar offenses.
Alternatively, victims may need to prove they have a special relationship with the perpetrator to file for certain protective injunctions. For example, a victim of domestic violence must be a family or household member of the abuser, live in the same single dwelling unit with the abuser, or have a child with them. Only these individuals qualify for domestic violence injunctions. Similarly, dating violence injunctions only apply when the victim and perpetrator are in a dating relationship.
Repeat violence injunctions require neither a particular type of violent crime nor proof of a specific or intimate relationship between the victim and alleged perpetrator. Any victim of repeat violence (or the parent or legal guardian of a minor child) may file a petition for this injunction for protection.
Florida Repeat Violence Injunction Requirements
Under Florida Statutes § 784.046, repeat violence is defined as two or more instances of violence or stalking committed against either the petitioner or the petitioner’s family member.
Types of violence covered by this injunction for protection include:
- Assault and aggravated assault
- Battery and aggravated battery
- Sexual assault and sexual battery
- Stalking and aggravated stalking
- Kidnapping
- False imprisonment
- Any criminal offense resulting in physical injury or death
At least one of these incidents must have occurred within six months of the petitioner filing for the repeat violence injunction. The petitioner will need evidence, such as documentation of the events, photographs, and witness testimony, to prove their case.
How the Florida Repeat Violence Injunction Process Works
When an alleged victim files for a repeat violence injunction in Florida, they must submit a sworn petition detailing specific allegations against the respondent. A sworn petition is signed under oath, meaning it is illegal for the petitioner to give false information on the petition.
If the victim appears to be in immediate and present danger, the court may issue an ex parte temporary injunction. This initial hearing is “ex parte,” meaning the respondent will not be present. When there is no present risk or imminent danger, the case simply proceeds with the full hearing.
Regardless, the court should schedule a hearing as early as possible upon receiving a petition. The respondent will be personally served with a copy of the petition, any temporary ex parte injunction, and a notice of when the full hearing will occur.
At the full hearing, the court determines whether a final injunction is warranted. Although sometimes referred to as a permanent injunction, these orders may only last a fixed period of time or until the court makes another order. However, petitioners may also seek extensions for protective orders. Upon granting a repeat violence injunction, courts will outline restrictions that the perpetrator must adhere to.
Consequences of a Repeat Violence Injunction in Florida
A repeat violence injunction can have serious and lasting effects on nearly every part of your life. Once a court issues an injunction, you may be legally prohibited from contacting or communicating with the alleged victim in any way, including through phone calls, text messages, social media, or third parties. The court may also order you to stay a certain distance away from the other person’s home, workplace, school, vehicle, or other frequently visited locations, including places connected to the person’s children.
These restrictions can interfere with your daily routine, living arrangements, employment, and family relationships. In some situations, a repeat violence injunction may limit where you can live or work if your residence or job falls within a restricted area. A final injunction may also appear in public records, making it visible to employers, landlords, licensing boards, and others who conduct background checks. As a result, you could face difficulty securing housing, maintaining professional licenses, or obtaining employment opportunities.
Florida law also places significant firearm restrictions on individuals subject to final injunctions. If the court grants a final repeat violence injunction, you may be required to surrender firearms and ammunition for the duration of the order.
Because the consequences of a repeat violence injunction can extend far beyond the courtroom, it is important to speak with an experienced Pinellas & Hillsborough County criminal defense attorney at Buda Law as early as possible to protect your rights and prepare your defense.
Violation of Repeat Violence Injunction: Florida Penalties
Under Florida law, the following incidents qualify as a violation of a repeat violence injunction:
- Going either to or within 500 feet of the petitioner’s residence, place of work, or school, or any specified place the petitioner or a named family/household member frequents regularly.
- Committing an act of repeat violence against the petitioner
- Intentional unlawful threats, words, or acts to do violence to the petitioner
- Contacting or communicating with the petitioner, whether directly or indirectly, unless the injection allows indirect contact
- Knowingly and intentionally coming within 100 feet of the petitioner’s motor vehicle
- Defacing or destroying the petitioner’s personal property
- Refusing to surrender guns or ammunition
A first or second-time violation is considered a first-degree misdemeanor in Florida, and a conviction can result in imprisonment for up to 1 year and up to $1,000 in fines. Criminal charges elevate to a Florida third-degree felony when the individual already has two or more prior violation convictions. In such cases, the court can impose up to 5 years in prison and maximum fines of $5,000.
Violations may also affect future legal proceedings. For example, courts may be more inclined to grant injunction extensions if the respondent has a criminal history of violating the injunction’s terms.
Defending Against a Repeat Violence Injunction
Experienced legal defense is key when fighting a repeat violence injunction. Your attorney can challenge the alleged victim’s case by investigating the validity of their claims. If their claims are false or exaggerated, it can affect the court’s final decision.
Evidence that supports your version of the story is also important. Having legal representation makes it easier to gather and convincingly present documentation, witness testimony, and other types of evidence. A professional repeat violence injunction lawyer in FL understands how to defend your rights in court, giving you the best chance of a positive outcome.
What to Do If You are Served With a Repeat Violence Injunction
If you are notified that a petition for a repeat violence injunction has been filed against you, do not panic or let your emotions get the best of you. This is especially important if the court has already granted the alleged victim a temporary injunction. While it can be frustrating to be subject to an injunction before you’ve had the chance to present your case, you must comply with the temporary injunction. Violations could not only hurt your case but also result in criminal penalties.
As soon as you can, contact a Tampa, FL violent crime attorney. A legal professional can help you prepare for the full hearing and build a convincing case on your behalf. Legal experience in violent crimes means that they understand exactly how to defend against the type of allegations you’re facing.
Why You Need a Repeat Violence Injunction Attorney in Tampa, FL
Understanding the nuances of Florida law on your own is a nearly impossible task, which is why seeking legal representation is always best. Criminal defense attorneys in Tampa spend their entire careers applying their knowledge of relevant laws to each case they take on. They understand how to handle court procedures and know the deadlines you’ll need to adhere to. Furthermore, your attorney’s experience in court allows them to build strong defense strategies suited to your particular circumstances. By hiring a lawyer at the earliest possible date, you give yourself a better chance of achieving a favorable outcome for your injunction case.
How the Criminal Attorneys at Buda Law Can Help Your Case
The legal team at Buda Law provides the support our Florida clients need when facing criminal charges or injunction cases. Our familiarity with local law enforcement agencies and experience in defending against charges from the State Attorney’s office will benefit you.
We start by carefully reviewing the petition and accompanying evidence. This allows us to determine the best defense strategies and identify any weaknesses in the other party’s story. Prior to the hearing, we’ll thoroughly prepare you and build a strong case backed by clear evidence. Our team is ready to cross-examine witnesses and present your version of events. Whenever possible, we advocate for case dismissal or push for a denial of the injunction.
In addition to protecting clients against repeat violence injunctions, we also handle other injunction cases. Speak with our sex crime, dating violence, and domestic violence defense attorneys in Florida to learn more.
Speak With an Experienced Tampa Repeat Violence Injunction Lawyer Today
When accused of repeat violence, there is too much at risk to leave to chance. You must act quickly to defend your legal rights. Seek professional help before it’s too late! Buda Law offers legal support in Tampa to those facing repeat, dating, sexual, and domestic violence injunctions. We adhere to the strict deadlines outlined by Florida Law, protecting your legal rights at every step.
In addition to representing clients in injunction hearings, we also provide professional legal defense. When you need a violent crime, domestic abuse, or sex crime defense lawyer in Tampa, FL, choose Buda Law.
Contact us today for a free consultation and learn how we can help you. You can reach us at (813) 322-2832 or by contacting us online.
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