The defense attorneys from Goldman Wetzel will gather support evidence to prepare and present a persuasive defense for your case. If you were requested to attend an injunction hearing in St. Petersburg or Pinellas County, call our restraining order attorneys at 727-828-3900 .
If you’re in need of a criminal defense attorney, you may be wondering just how much the representation will cost. Unlike personal injury lawyers, defense attorneys aren’t allowed to collect contingent fees, so you’ll likely be entering into either an hourly fee or flat fee arrangement.
Nov 09, 2018 · Our attorneys fight domestic violence cases in Pinellas County. If you would like to discuss your case with a lawyer experienced in helping respondents during hearings on a petition for an injunction for protection, then contact us today. Call (813) 250-0500.
In Florida, a violation of injunction is a first-degree misdemeanor. The maximum possible penalty carries up to a $1,000.00 fine and as much as 365 days in the Pinellas County Jail. Violating an injunction is looked upon as a serious offense by the Pinellas County Court system.
The funding for an application for an injunction is free. If you need a barrister or solicitor to represent you that may cost money.
The purpose of the injunction hearing is twofold – to give the accused abuser an opportunity to have his/her case heard and to decide if the injunction should become permanent. There will be no jury, and the judge alone will look at the facts of a case and the applicable law to determine the outcome.Jul 26, 2018
Civil injunctions in Florida are public record, but are typically not easily accessible to the general public to protect the privacy of the petitioner. Section 741.30 of the Florida Statutes allows the petitioner for a domestic violence injunction to provide his or her address to the court in a confidential filing.
15 daysThe staff will help you complete all the necessary paperwork, which is taken to a judge to review. If the judge decides the sworn allegations contained in the paperwork meet the requirements of Florida law for the issuance of an injunction, the judge will enter a Temporary Injunction, which will be valid for 15 days.
An application for an interim injunction must usually be supported by evidence. This will usually be in the form of a witness statement or affidavit including all material facts of which the Court should be made aware, and attaching relevant documents.
It will require the court to determine whether there is sufficient evidence in front of it to enable it to form a view that an order is necessary. Restraining orders are civil behaviour orders and therefore the standard of proof is a civil one (R v Major [2010] EWCA Crim 3016).
There are three types of injunctions: Permanent Injunctions,Temporary restraining orders and preliminary injunctions.
Breaching an injunction is a serious crime and not taken lightly by the courts. In a circumstance where there is a breach, the court will charge them with contempt of court and punish the party with fines and, in extreme cases, imprisonment. If someone breaches an injunction, contact the police immediately.Apr 26, 2021
You must work with an attorney who will prepare a strong case backed by evidence in your injunction hearing. Some of the many different types of evidence that an attorney can use to fight a restraining order include: Testimony: You can testify on your own behalf. You can also call other witnesses to testify as well.Jan 6, 2020
Even if the court does not issue a restraining order (or if there has not been a criminal trial at all) you can make an application for a protective injunction.
In Florida, an injunction is a court order that prohibits or restricts a person's ability to have contact with another person. A violation of an injunction is classified as a first degree misdemeanor, with penalties of up to one year in jail and substantial fines.
Take action today by contacting your local Court Clerk to put a stop to the fear and abuse. During normal working hours, a Petition for Injunction can be filed with the Clerk's Office. In some counties, local agencies will assist with filling out the needed forms.
An injunction can impact your ability to find a job or get a promotion, secure housing, attend college, or possess a firearm. You should consider fighting the injunction if the allegations are false or exaggerated.
An Injunction for Protection (often called a “restraining order”), is a Civil Court Order that places restrictions on a person who has allegedly committed acts or made threats of violence against another person as defined in Florida statutes.
Case managers play a role in protective order injunction hearings.
The injunction should be read aloud to the respondent. Injunctions must be personally served on the respondent. They cannot be served on any other person. Any questions on service should be referred to the Pinellas County Sheriff’s Office, Fugitive Section (727-582-6192).
The maximum possible penalty carries up to a $1,000.00 fine and as much as 365 days in the Pinellas County Jail. Violating an injunction is looked upon as a serious offense by the Pinellas County Court system. It is not unusual for the prosecutor to view a violation of injunction as not just a crime against a particular victim, but also a crime against the peace and dignity of the State of Florida. The prosecutor will argue that your violation of the injunction demonstrated a disregard for the law and a disregard for the authority of the Court to modify or restrict your behavior. Likewise, the Court will be concerned about the possibility that your continued violation of the injunction could lead to the commission of a violent crime. Accordingly, many Judges who are called on to impose a sentence in a Violation of Injunction case want to send a strong message that violating a court ordered injunction will not be tolerated.
An “injunction” is a court order that is issued by a Circuit Court Judge that places restrictions on a person’s ability to have contact with another individual. Most people commonly refer to this type of court order as a “restraining order,” Florida law uses the term “injunction” exclusively. When a temporary injunction is issued ...
This could mean that the injunction will last forever unless it is modified or dissolved by the issuing court.
The four types of injunctions are: Domestic Violence Injunctions.
However, in some situations, a person can be charged with the felony offense of “Aggravated Stalking” if their case involves multiple violations of their injunction in an attempt to harass or threaten the other party.
A lewd or lascivious act, committed by or upon or in the presence of a person younger than 16 years of age; Luring or enticing a child or sexual performance by a child; or. Any other forcible felony wherein a sexual act was committed or attempted; and.
The are a number of ways an Injunction for Protection Against Repeat Violence, Dating Violence or Sexual Violence can be violated. It is very important to read the injunction carefully. Depending on the specifics of the injunction, it may be a criminal act to:
One of the most emotional areas of law we serve the community in deals with civil injunctions for protection. In Florida, an individual can work with an injunction attorney to seek an “injunction” (or more commonly known as a “restraining order”) against another individual in a few limited circumstances.
An injunction attorney leads as your legal advocate throughout the entire process. They will be there for you for the filing of the petition and the hearings. It is important to understand that having an injunction lawyer representing you makes a significant impact when presenting your side of the case to the court.
If you, or someone you know, may need to seek an injunction for protection, please do not be afraid to reach out for help.
Injunctions can lead to severe legal and personal consequences for a person in St. Petersburg, Florida. While injunctions are civil matters, the aftermath of one can feel much like a criminal case . If you have been served with a temporary injunction, you must act immediately to speak with a St. Petersburg defense attorney. At Musca Law, our award-winning St. Petersburg criminal defense and injunction defense lawyers have successfully helped other clients overcome the injunction process. To find out how Musca Law may be able to help you or a loved one, contact our office today by calling (888) 484-5057. We are available 24/7 to provide you with the guidance and legal advice you need to move forward.
In St. Petersburg, an individual who is seeking an injunction can file a petition for any one of the following types:
Protective orders, injunctions, and restraining orders are all similar terms in Florida however, there are some differences between them. As for injunctions, they are civil court-issued orders that are meant to protect an individual from future harm. This type of injunction depends upon the nature of the underlying conduct. If an individual is in fear of imminent harm, he or she can file a petition in civil court seeking an injunction. This individual, known as the “petitioner,” must bring forth certain facts that demonstrate to the court that the person who is the subject of the petition, known as the “respondent,” is likely to cause him or her to be harmed.
In Florida, Statute Section 784.048 (2) provides that an individual has probable cause to obtain a stalking injunction if the respondent “willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person.” Stalking is a first-degree misdemeanor, which means that the respondent will face a possible jail term of up to one year and a $1,000 monetary fine. An individual does not need to face criminal charges to be the subject of an injunction. Accordingly, an individual who believes that he or she is being stalked can seek an injunction, even in the absence of criminal charges against the respondent.
The first requirement is to, of course, stay away from the petitioner. Next, the respondent may be forced to surrender his or her firearms and ammunition during the injunction period, which undoubtedly abridges that person’s second amendment rights. A judge may also force the respondent to attend mental health treatment and has the discretion to impose additional requirements on the respondent as he or she sees fit. While injunctions are typically permanent, they may be modified or dissolved by a judge upon a motion for good cause shown, whether by the petitioner, the respondent, or both.
Repeat violence occurs when the respondent commits more than one act of stalking or violence. In this instance, the petitioner can seek a repeat violence injunction in St. Petersburg. A judge may grant the injunction, at least temporarily, if one of the violent acts or stalking incidents happened within six months prior to the date the petition for a repeat violence injunction is submitted to the court.
Pursuant to Florida law, any individual can file a petition, which is a court-approved form that enables the petitioner to describe, in detail, the facts and circumstances leading him or her to believe that he or she is in imminent danger of harm. The petition also enables the petitioner to choose which injunction applies in his or her case.
As previously noted, there are several types of injunctions that a petitioner can pursue which are meant to protect him or her from harm. In Clearwater, an individual can file a petition and choose which injunction applies in his or her case. Accordingly, the types of injunctions that can be sought are as follows:
In Clearwater, Florida, an individual can pursue a domestic violence injunction to prevent violent behavior from continuing. To be eligible to receive a domestic violence injunction, a petitioner must establish that he or she was harmed by a respondent who shares a child in common and/or who lives in the same dwelling.
Dating violence is similar to domestic violence, however, there is no requirement that the parties share a child and/or reside in the same dwelling. Conversely, dating violence applies to those who have a romantic and/or intimate relationship.
Under Florida law, Statute Section 784.048 (2) provides that an individual may pursue criminal charges for stalking if the respondent “willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person.” Stalking is a misdemeanor in the first degree, which is associated with a jail term for up to one year and a monetary fine of up to $1,000.
A petitioner can seek a repeat violence injunction if he or she was allegedly subject to two or more acts of stalking or violence.
Sexual violence includes sexual acts including rape and lewdness against a minor. In many instances, a sexual violence injunction is often pursued when there is a corresponding criminal matter that is pending concerning the same conduct.
An injunction is a court order usually issued by a civil court judge that restricts a person’s ability to contact another person. Typically an injunction is a restraining order which stops a person from harassing or threatening the safety of another person. Florida has many different types of injunctions besides restraining orders.
A temporary injunction, also referred to as an ex parte injunction, is a court order that extends immediate protection to the petitioner and their family. Temporary injunctions are granted if the judge decides there is an immediate and present danger of domestic violence to the petitioner or their family.
If you have been accused of violating an order of protection or a restraining order, you should contact a knowledgeable defense attorney right away. You may incur large fines and jail time as the result of violating an injunction. At the Morris Law Firm, P.A., Melinda Morris is experienced at defending clients you have been accused of violating an injunction. Contact the Morris Law Firm, P.A. at (727) 592-5885 for a consultation about your case.
The will stay in effect for a certain number of days, but no longer than 15 days consecutively. Before the court order expires, you will be granted a full hearing to decide whether you will be given a final injunction or not.
It is important not to violate the injunction order. Even if the person that you have the no contact order on tries to contact you, it is a violation of the injunction to have contact with that person.
In Florida, the court has the option to subject you to one of two types of injunctions: a temporary injunction and a final injunction for protection.
A final injunction is a more formalized court order that prohibits you from the same actions as the temporary injunction did. Depending on the outcome of the hearing, more conditions may be added or erased from the court order by the judge. Most final injunctions will include an expiration date.
Financial help is available for Pinellas County renters who are behind on rent or at risk of missing a rent payment due to the COVID-19 pandemic. Pinellas County’s Emergency Rental Assistance Program covers eligible applicants’ missed and future rent payments.#N#Tenants may qualify if they:
Ken Burke, Pinellas County Clerk of the Circuit Court and Comptroller, joins the Florida Government Finance Officers Association in recognizing finance office professionals in Pinellas County and throughout the state during Government Finance Professionals Week being held from March 15 through 19, 2021.
The Pinellas Eviction Diversion Program is a new service offered by the Community Law Program which provides no cost virtual mediation services to qualified tenants impacted by the COVID-19 pandemic and landlords involved in eviction related disputes.