What is an Injunction for Protection Against Repeat Violence?
An Injunction for Protection Against Repeat Violence is an order from a judge prohibiting a person (the Respondent) from taking certain actions toward or in the presence of a victim (the Petitioner) in order to protect the Petitioner. Prohibited behavior usually includes possession of firearms and ammunition, being within 500 feet of Petitioner, any contact or communication with Petitioner, and using a 3rd party to communicate with Petitioner. Judges do have a fair amount of discretion, and so may make the restrictions tighter or looser, as they see fit. Judges also determine the duration of the injunction (6 months, 1 year, indefinitely, etc.) as they deem necessary.
What counts as “violence”?
Florida Statute 784.046(1)(a) defines violence as follows:
“‘Violence’ means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person.”
A physical attack is not always necessary to allege an act of violence for purposes of an injunction; neither assault nor stalking require physical contact of any sort.
What counts as “repeat violence”?
Florida Statute 784.046(1)(b) defines repeat violence as follows:
“‘Repeat violence’ means two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner’s immediate family member.”
Obtaining an Injunction
When an individual wants to obtain an injunction, s/he must file a request with the court. A judge will decide whether or not a temporary injunction should be put in place and will also set a date for a hearing. The other party will receive notice that an injunction is being sought against him/her and that a hearing has been scheduled. At the hearing, both parties will have opportunity to be heard, present evidence, and have witnesses testify.
Defending Against an Injunction
When a person has been served with a Notice of Hearing and/or a Temporary Injunction, s/he must attend the scheduled hearing. Failure to do so could result in the Injunction being entered in his/her absence. If you feel that the injunction should not be entered against you, you must show that either the Petitioner’s allegations are insufficient to justify an injunction, or that the allegations are not true.
Hiring an Attorney
Whether you are seeking an injunction or trying to defend against one, having a Jacksonville Injunction Attorney on your side can be an invaluable asset. We offer flat rates for a Repeat Violence Injunction and will gladly provide a free consultation.