Domestic Violence Injunctions in Tampa, FL

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Domestic violence happens when a person’s violent act toward a member of their family results in physical injury. Per Section 741.28 of the Florida Statutes, family members are persons who are residing or have resided together as a single dwelling unit. These include spouses, ex-spouses, and persons related by blood or marriage. However, persons who have a child in common are still regarded as family members whether they live/lived together or not.

Florida law allows victims of domestic violence to find relief in a court of law. One of the options available to them is to seek a domestic violence injunction against the perpetrator. Sometimes called a restraining order, a domestic violence injunction orders the abuser to refrain from contacting the victim.

Types of Injunction for Domestic Violence in Tampa, Florida

Understanding The Categories of Restraining Orders in Relation to Domestic Violence in Tampa

There are two types of domestic violence injunctions in Tampa—temporary and final injunctions. They’re discussed in detail below:

Temporary Injunction 

A temporary domestic violence injunction is obtained in emergencies. This happens when the victim is in immediate threat of harm and needs urgent protection. In these cases, the presumption is that the victim will be assaulted if the restraining order isn’t issued as soon as possible.

Due to the urgent nature of temporary injunctions, they are granted ex-parte (without hearing from the alleged abuser). All that is required is that the petitioner provides enough proof to show that they’re in immediate danger of domestic violence. However, as the name implies, temporary injunctions last only 15 days.

Permanent or Final Injunction 

Before the expiration of the 15-day deadline for temporary injunctions, a hearing will be held to determine the way forward. This time, the perpetrator will be present to tell their side of the story.  After hearing from the petitioner and respondent, the court will decide whether there’s a need to extend the earlier temporary injunction. If there is, a new order, referred to as a permanent domestic violence injunction, will be made.

Permanent or final injunctions may reiterate the terms of the temporary restraining order or provide for additional prohibitions and restrictions. This category of domestic violence injunction lasts for extended periods (typically at least one year) or forever in some cases.

Note: Petitioners can request a final order of protection without first obtaining a temporary injunction against the respondent.

What Are The Defenses to A Domestic Violence Injunction And Injunction Violations?

Learn How to Fight A Domestic Violence Injunction against You in Tampa

During a domestic violence injunction hearing, one effective defense strategy is to prove that the petitioner’s claims are false. This is usually the case when the alleged victim tries to manipulate the court system to their advantage. For example, they may make false claims or exaggerate facts in order to have the upper hand in a child custody dispute. The injunction will be dismissed if you can prove that the claims were fabricated or grossly exaggerated.

However, if you’re facing charges for violating a term of your domestic violence injunction, the following defenses may avail you:

• You had no notice of the injunction.
• There were conflicting court orders that made it impossible to comply with the terms.
• You didn’t violate the injunction intentionally.

Frequently Asked Questions

Find Answers to Your Concerns about Domestic Violence Injunctions

Do you have any questions regarding your domestic violence injunction case? You may find the answers you seek below:

Do I Need A Tampa Domestic Violence Injunction Attorney? 

While the law doesn’t require you to hire a domestic violence injunction lawyer, it’s in your best interests to do so. Domestic violence cases are complex and often require expert knowledge to challenge. Our attorneys will attack the petitioner’s credibility, provide evidence to rebut their claims, and perform other relevant actions to secure your freedom.

Why Choose Taracks & Associates Law Firm? 

The domestic violence injunction defense attorneys at Taracks & Associates are dedicated to offering quality legal representation at all times. For over 30 years, we’ve been able to help thousands of clients in your situation regain their freedom. With a former prosecutor on our team, we’re confident in our ability to achieve the best outcomes, even in seemingly hopeless cases.

What Happens if I Flaunt A Domestic Violence Restraining Order in Tampa? 

You may face charges for a first-degree misdemeanor if you violate a domestic violence restraining order in Tampa. If convicted, your punishment may be a fine of up to $1,000 or jail time of up to 1 year. Also, your penalties may increase with repeated violations.

Can I Appeal A Final Order of Domestic Violence Injunction in Florida?

Yes, Florida laws allow you to contest a final injunction by asking the court to rehear or reconsider its decision. The rehearing motion must be filed within 15 days from the final judgment date. Alternatively, you can appeal to a higher court if you believe the law was wrongly applied or there were irregularities.

Contact Our Domestic Violence Injunction Defense Lawyers Immediately

Act Now to Protect Your Freedom

A domestic violence injunction in Florida can alter the course of your life forever. From limiting your freedom to societal sigma and employment difficulties, the consequences are often too much to bear. That’s why you should fight for your rights as fiercely as possible to ensure that this isn’t your story. Fortunately, you don’t have to do this all by yourself.

Our aggressive team of domestic violence injunction defense attorneys at Taracks & Associates  can help. Whether you’re facing a domestic violence injunction or related charges, we’ll fight aggressively on your behalf for your rights.