Fort Myers Injunction Defense Lawyers
An injunction is a court order that prohibits an individual from taking certain actions to protect others from domestic violence or harassment. Injunctions can be temporary, preliminary or permanent, and they can be put in place before an individual is ever formally accused or charged with any crime. Even so, they can significantly restrict a person’s freedom of action and should be taken very seriously.
With over 45 years of experience in the criminal justice system as criminal prosecutors and defense attorneys, our team at Foley & Wilson Law Firm offers exceptional legal guidance and support to individuals facing domestic violence injunctions. Our dedicated attorneys provide an unmatched level of skilled legal representation. We approach each client with dignity, respect, and professionalism while working to obtain a favorable outcome even in the most difficult circumstances. Get immediate assistance by contacting our experienced Fort Myers injunction defense lawyers today.
Domestic Violence Injunctions Under Florida Law
Domestic violence injunctions, also referred to as restraining orders, are legal tools designed to protect individuals from harm or harassment. In Florida, these injunctions are governed by Florida Statute 741.30. When an individual claims they are a victim of domestic violence, or in imminent danger of becoming a victim, they can petition the court for a domestic violence injunction.
Even though they can be issued on a temporary basis, certain elements must still be proven to obtain a domestic violence injunction:
- Relationship: The petitioner must demonstrate a specific relationship with the accused, such as a spouse, former spouse, or individual related by blood or marriage.
- Incident of Violence or Threat: Evidence of a recent act of domestic violence or imminent danger of such violence is essential.
- Protection Necessity: The court must be convinced that the injunction is necessary to prevent further domestic violence.
Consequences of Violating a Domestic Violence Injunction
Violating a domestic violence injunction in Florida can lead to severe penalties, including:
- Criminal Charges: Violation of an injunction is a criminal offense that can result in arrest and prosecution.
- Penalties: Penalties can range from fines to imprisonment, depending on the severity of the violation and any previous history of domestic violence.
Defending Against Injunction Violations in Fort Myers
At Foley & Wilson Law Firm, we understand the complexities involved in defending against allegations of violating a domestic violence injunction. Potential defenses may include:
- Lack of Intent: Demonstrating that the violation was unintentional or accidental.
- False Accusations: Providing evidence that the allegations are false or exaggerated.
- Insufficient Evidence: Arguing that the evidence presented is inadequate to support the claims.
Injunctions for Repeat, Sexual, and Dating Violence
Beyond domestic violence, Florida Statute 784.046 addresses injunctions for repeat violence, sexual violence, and dating violence. These injunctions are intended to protect individuals from ongoing or future harm in these specific contexts.
Repeat Violence Injunctions
A repeat violence injunction is applicable when two incidents of violence or stalking have occurred, one of which must have been within the past six months.
Sexual Violence Injunctions
For sexual violence injunctions, the petitioner must have been a victim of a sexual offense such as sexual battery, a lewd act, or other similar crimes.
Dating Violence Injunctions
Dating violence injunctions apply to individuals in a romantic or intimate relationship. The court considers factors like the relationship’s duration, frequency of interaction, and time since the relationship’s termination.
Contact Foley & Wilson Law Firm for Help With Injunctions Defense in Fort Myers
Navigating the intricacies of injunctions in Fort Myers requires not only a deep understanding of Florida law but also a compassionate and professional approach. At Foley & Wilson Law Firm, our team is committed to leveraging our extensive experience and legal skill to assist you through every step of the legal process. If you are facing an injunction or have been accused of violating one, we are here to offer the dedicated and effective representation you need.
Contact Foley & Wilson Law Firm today for a free consultation to learn how we can help protect your rights and future in the face of serious legal challenges.
