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Domestic abuse allegations could lead to serious injunctions

On Behalf of | Feb 8, 2021 | Criminal Defense |

In Florida, anyone who is accused of domestic abuse may be subjected to injunctions. Injunctions come in five different types. These include injunctions for:

  • Sexual violence
  • Repeat violence
  • Domestic violence
  • Stalking
  • Dating violence

If someone wants to accuse you of a crime like domestic violence, then you may have a petition for an injunction filed against you. The petitioner will seek the injunction in court and sign the petition in front of a notary or court clerk. Then, a judge may issue a temporary injunction against you.

That injunction will stay in place until a hearing takes place. You’ll receive the injunction from a sheriff or other professional, so you know what you can or cannot do. For example, the injunction may say that you have to stay 500 feet away from the petitioner at all times or that you cannot return to your home.

Attending a hearing for domestic violence

Your next step will be to attend the hearing with your attorney. You can bring witnesses to testify on your behalf if needed. For example, if your spouse is accusing you of violence in your home on a night when you had friends over, having those friends state that they saw no violence could help your case.

During this hearing, a judge will decide if a permanent injunction is necessary. If so, that injunction will be in place until the court decides to change it. If not, then the injunction will be released.

What happens if you violate an injunction?

If an injunction is put into place and you violate it, you could face serious repercussions and penalties in court. The exact penalties may vary based on the kind of injunction and how serious the offense was. For instance, accidentally arriving at the same place as the other party is much different from arriving at home with the intention to seek them out. This could be something to discuss with your attorney if you’ve violated an injunction without intending to do so.

Injunctions should be taken seriously. If one is against you, be cautious about what you do and how you proceed.

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