Sometimes, arguments can get heated. One partner may raise allegations of abuse against the other partner. A domestic violence injunction, known as a restraining order in other states, allows domestic violence victims to request protection from the court. A domestic violence injunction is a court order that prohibits or restricts a person’s ability to contact another person, among other actions. The injunction for protection gives victims emergency protection from their abusers. Though this is a civil matter, violating an injunction is a criminal offense.
A significant domestic violence incident must take place for the victim (petitioner) to file a petition for an order of protection. Domestic violence is an act of aggression between family or household members. There does not need to be a history of abuse for a person to be charged with domestic violence in Florida. After the petitioner files a petition for a domestic violence injunction, a hearing is held in which the accused, known as the “respondent,” may present his case in front of a judge. At this hearing, the judge listens to the testimony and reviews all evidence to determine whether to grant a permanent injunction against the respondent.
If you are the subject of an order for protection, Orlando domestic violence injunction attorneys at the Umansky Law Firm strongly recommend you obtain legal representation prior to the hearing. Having an injunction against you will have immediate and long-term consequences you may be able to avoid with a competent defense.
If you are the subject of a temporary restraining order, you may face immediate and long-term consequences that can last indefinitely should the judge approve a permanent injunction. These consequences can significantly interfere with your life. Should you violate any of the terms, you can face criminal charges.
Having an injunction against you can create barriers to child custody, employment, and more. The injunction will appear on your criminal background check whenever you apply for a new job or place to live. Additionally, those with an injunction against them may not purchase nor own firearms in Florida. A violation of a restraining order is a first-degree misdemeanor offense that can lead to steep fines and up to one year of incarceration.
An experienced Orlando domestic violence injunction lawyer can take several steps to help you present a strong case in court. Some of these actions may include:
An attorney may even be able to have the petition itself dismissed.
At the Umansky Law Firm, we have over 100 years of combined experience defending domestic violence charges. As a prosecutor, Bill Umansky was the head of the domestic violence unit. He was responsible for investigating, charging, and prosecuting a wide range of domestic violence and related cases. He also trained police officers and victims’ advocates. We understand all aspects of domestic violence at our firm and use this knowledge to protect your rights.
Call or contact us to communicate with an Orlando injunctions lawyer. We will review your case for free.
The Umansky Law Firm Criminal Defense & Injury Attorneys