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Domestic Violence Injunction Lawyers

DOMESTIC VIOLENCE INJUNCTIONS/RESTRAINING ORDERS

We can help you petition for an injunction for protection against domestic violence, repeat violence, or sexual violence on behalf of yourself or your child.  Whether attempting to obtain an injunction or defending against an injunction, we can give you appropriate counsel and advice and help you gather and present the  evidence and testimony to support your position to the court.

 

The injunction process starts with the filing of a petition for an injunction. The person filing is called the petitioner. There is no court filing fee for the filing of a petition for injunction. 

A petition for an injunction is reviewed by a judge. If the judge rules the allegations of the injunction taken as true meet the standard necessary for the issuance of an injunction the judge will enter a temporary injunction.  A temporary injunction usually lasts for 15 days but can be extended if necessary to effectuate service.  A hearing on the injunction is set to take place within  those 15 days. It is then necessary for the party against whom the injunction is sought to be served with the petition, temporary injunction and the notice of hearing on it.

 A temporary injunction can order restrictions on contact, that a party stay away from the petitioner and the places that the petitioner is regularly found like their house or workplace.  A temporary injunction can also address child related issues like time-sharing and child support.

At the hearing on the injunction, the judge listens to the admissible testimony and evidence presented and determines whether an injunction is warranted. This is different to the temporary injunction process that preceded it as the allegations of the petitioner are no longer presumed to be true.  Each party must prove their case.

If the judge decides to enter a “permanent” injunction it may be valid for a specific period of time or permanent until modification is sought.  An injunction can be modified based upon the agreement of the parties or a change in circumstances that warrant it.

The Florida Domestic Violence Statute Section 741.30 (2015) governs domestic violence injunctions.

Florida Statute Section 784.046(2) governs repeat violence injunctions.

If you want specific information call us to schedule a consultation on (786) 539-4935.

STALKING, CYBER STALKING, INJUNCTIONS/RESTRAINING ORDERS

We can also help you petition for an injunction to protect you or your children against stalking and cyber stalking.  Whether you are   attempting to obtain an injunction or defending against one, we can give you the advice you need, and help you gather and present the proof that supports your position.

Stalking injunctions and cyber stalking injunctions

 

 

 

 

 

 

 

 

 

Florida Statute Section 784.0485 governs stalking injunctions.

If you want specific information call us to schedule a consultation on (786) 539-4935.

 

Disclaimer: The Law Offices of Robert Hanreck, P.A. is based in Miami , Florida and serves clients throughout the State including Miami-Dade and Broward counties. We are licensed to practice law in the State of Florida. This website is intended for informational purposes only and is not meant to constitute legal advice, or solicit clients outside of the State of Florida.