Protective Injunction Defense Lawyers in Daytona Beach, Florida
An Overview of Protective Orders, Orders of Protect, & Injunctions in Daytona Beach, Florida
Injunctions, restraining orders, protective injunctions, and protective orders are each legal terms that are virtually identical in the State of Florida. However, there are a few slight distinctions among the types of protective orders that the courts may grant petitioners. In essence, Florida protective injunctions are civil orders that protect an individual from harm from a specific individual. The type of protective injunction solicited by a petitioner (the alleged victim of violence, stalking, abuse, ETC) dependents on the type of alleged misconduct by the respondent (the alleged perpetrator). If someone in the State of Florida fears for his or her safety, this individual may file a petition in civil court asking for a protective injunction. This individual is called a "Petitioner," and he or she must provide a truthful statement of alleged abuse, stalking, violence, or threats of bodily harm and demonstrate to the court that unless the court gives the petitioner a protective injunction (order of protection), the petitioner will be at a real risk of sustaining bodily harm or death.
The individual who is the subject of a protective injunction and who's being restrained by the courts is called the "Respondent." The respondent may face a loss of numerous legal rights, and therefore, the respondent must aggressively defend themselves against an injunction as quickly as possible and retain an experienced Daytona Beach injunction defense attorney from Musca Law. Failure to speak to an attorney and retain an attorney experienced in protective injunctions could lead to unfair treatment in the legal system and potential criminal charges filed against the respondent at a later date. When a respondent effectively works with an attorney to defend themselves through the injunction process, the respondents will have a better chance to have their side of the story presented, leading to a significant chance of winning their case.
A respondent must always remember that the issuance of a protective injunction will unreasonably harm the respondent. In a protective injunction matter in Daytona Beach, the respondent needs to prove to a civil court that the accusations in a petition for injunction are untrue. In fact, with an experienced attorney, if one or more allegations are effectively challenged, the petition for a protective injunction could be denied saving the respondent from damaging legal consequences. In addition, having experienced legal counsel plus winning your defense case against a protective order demonstrates to the petitioner that any accusations or charges will be aggressively challenged and defended against. This is a significant psychological victory for those dealing with an antagonistic former partner, roommate, or family member.
The best chance of defending against a petition for a protective order, the respondent must demonstrate to the judge that a protective injunction shouldn't be granted. Due to the complex legal process and courtroom procedures, the respondent needs to retain an experienced protective injunction attorney to advocate for the respondent in a protective injunction final hearing.
At Musca Law, our nationally-recognized Florida Injunction Defense Lawyers routinely help respondents fight all types of protective injunctions in Daytona Beach and throughout the State of Florida. Despite any underlying alleged behavior, an individual facing a protective injunction needs to act swiftly to defend his or her legal rights and freedoms. Although protective injunctions in Florida are not criminal offenses, if you are a respondent in a protective injunction, you will feel like a criminal defendant. However, the judge does not determine if the respondent has perpetrated a criminal offense.
However, if you or a loved one are facing any type of protective injunction in Daytona Beach or in any town in Florida, you must call Musca Law right away to receive your free case review. You have legal options, and there is no cost to discuss your legal matter with one of our experienced attorneys. Learn and protect your rights today by calling us 24/7 at 1-888-484-5057.
The First Step After Being Served With a Protective Injunction in Daytona Beach - Restraining the Respondent
According to Florida injunction laws, any individual may file a petition asking the courts to issue an order of protection known also known as a protective injunction. However, the individual who wants to petition the court for a protective injunction is required to file their petition using a special court-approved legal document. This legal document is a form that gives the petitioner a few choices of injunctions that petitioner could seek concerning their given situation. This form also requires the petitioner to give specific details of the alleged misconduct made by the respondent to describe the nature of the alleged misconduct perpetrated by the respondent to a judge, and these actions must explain why the petitioner would not be safe without the judge issuing a protective injunction. The allegations may or may not be true. However, the courts tend to err on the side of protecting a "possible" victim and are likely to grant a temporary restraining order until the official injunction hearing to determine if a protective injunction is warranted.
Although it seems unfair, the overall purpose of injunctions (restraining orders, orders of protection, ETC) in Florida is to shield an individual from potential, imminent harm such as bodily injury or death. In most cases, judges will (but not in every case) immediately grant a temporary protective injunction. This temporary protective injunction "restrains" the respondent for a minimum of fifteen (15) days until a final injunction court hearing is tried to decide the merits of the petition's allegations and to determine if sufficient facts exist that warrant the issuance of a permanent protective injunction (also known as an order of protection or a restraining order). The respondent dealing with a petition for a protective injunction must be present at the final hearing to defend themselves against a permanent injunction. Without a doubt, the stakes are so high that a respondent needs to make their appearance alongside a highly trained, Daytona Beach protective injunction defense attorney.
The Types of Protective Injunctions in the State of Florida
As stated earlier, there are many protective injunctions that may protect an individual from harm. In Daytona Beach, someone seeking a protective injunction may file a petition asking for one of the following five types of Florida injunctions:
- Domestic Violence Injunction;
- Dating Violence Injunction;
- Stalking Injunction;
- Repeat Violence Injunction; and
- Sexual Violence Injunction.
In some circumstances, a petitioner may accuse the respondent of several wrongdoings, which may fall into one or more types of injunctions. No matter which injunction is sought in Daytona Beach, the effect will always remain the same – to restrain the respondent from making contact with the injunction petitioner.
Domestic Violence injunctions in Daytona Beach, Florida
Florida domestic violence injunction law allows an individual to stop alleged violent behavior by filing for a domestic violence injunction. In order for the petition to meet the standard of "domestic violence," a petitioner is required to prove that a domestic relationship existed between the petitioner and the respondent. A domestic relationship is a relationship that involves two people residing in the same home or two people who have a son or daughter. In the State of Florida, domestic violence includes many forms of misconduct, including, among others, assault, kidnapping, battery, and false imprisonment. In addition, any threats to commit assault, battery, kidnapping, or false imprisonment might be sufficient for a judge to issue a domestic violence injunction in Daytona Beach, Florida.
Dating Violence Injunctions in Daytona Beach, Florida
Dating violence is similar to domestic violence, with the exception that there is no requirement that the petitioner and the respondent live together and/or share a child. Dating violence only applies to individuals who are or were in a romantic or intimate relationship. However, the alleged conduct perpetrated by the respondent is usually identical or similar to actions deemed domestic violence. When a romantic relationship is over at the moment, the petitioner files a petition seeking a dating violence protective injunction in Daytona Beach, and a judge could issue the dating violence injunction as long as the romantic/dating relationship lasted for a minimum of six (6) months prior to the date of the petition for a dating violence protective injunction has been filed with the court.
Stalking Injunctions in Daytona Beach, Florida
According to Florida Statute Section 784.048(2), an individual can face stalking charges if there is evidence that another individual "willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person." In Florida, if a defendant is charged with stalking, he or she could be charged with a first-degree misdemeanor, which is punishable by a $1,000 fine and a possibility of receiving a jail sentence of up to one year. As earlier stated, an individual does not have to be charged with a crime in order to become the subject of a stalking protective injunction. As long as an individual believes another person is stalking him or her, the alleged victim of stalking may seek a stalking injunction in Daytona Beach even if the alleged stalking victim has not pressed criminal charges. However, failing to retain experienced legal counsel in a stalking injunction could lead to criminal charges, and without an attorney to provide guidance, any statements made by the respondent may use against the respondent in a future criminal case against them. In some legal matters, the petitioner may have a year or longer to file a criminal charge. In Florida, misdemeanors have a statute of limitations of one year, while felonies can range from 2 to 4 years, depending on the degree of the felony.
Repeat Violence Injunctions in Daytona Beach, Florida
Repeat violence defined in Florida as a circumstance in which a person allegedly perpetrates two or more acts of violence (or stalking). An individual who is the alleged victim of violence may petition a civil court to issue a repeat violence injunction against another individual committing the repeated acts of violence. A judge also has the authority to grant a temporary protective injunction if one of the alleged acts of violence or stalking transpired within six (6) months of the date that the petition for repeat violence injunction was filed.
Sexual Violence Protective Injunctions in Daytona Beach, Florida
Sexual violence is defined by Florida law. Generally, sexual violence is attempted and unwelcome sexual acts, lewdness against a child, and unwelcome sexual acts. In most cases of sexual violence, sexual violence injunctions are requested when there is an open criminal case is pending concerning the corresponding sexual misconduct or a criminal charge will be filed in the future. However, even if no criminal charges have been filed against a respondent, the alleged victim could petition the court to issue a sexual violence protective injunction to stop the respondent from making contact with the alleged victim/petitioner.
The Permanent Injunction Hearing in Daytona Beach, Florida & Why You Need Legal Representation
Once a petitioner files a petition seeking a protective injunction in Daytona Beach, the judge will promptly determine whether or not the petition is warranted and a temporary injunction should be ordered immediately to protect the alleged victim. The judge may very well deny the petition. However, the legal system is set up to protect individuals from bodily harm or murder, and judges typically err on the side of caution by protecting the victim and granting the temporary restraining order, even though the respondent's rights will be unjustly affected without the respondent being able to defend themself. It is important to understand that the petitioner is not required to fully prove his or her allegations at the time they file their petition for an injunction. However, a judge will inquire and analyze the petitioner's allegations. If the judge believes there is no merit to the petitioner's allegations, the judge will likely dismiss the matter. Again, judges tend to err on the side of caution to protect alleged victims from physical harm. As such, many petitions asking for an injunction in Daytona Beach or anywhere in Florida are typically granted on a temporary basis until the respondent is able to address the court with his or her side of the story with the help of an experienced an attorney.
In the State of Florida, an injunction hearing is set for fifteen (15) days subsequent a temporary injunction has been entered by the court. Once the injunction has been entered, the respondent will then be served with the injunction. Due to the serious allegations and serious nature of an injunction, if you or a loved one are served with a protective injunction, do not delay and contact our Daytona Beach Injunction Defense Lawyers today. Do not delay because fifteen days is not much time to prepare an effective defense and fight a permanent injunction. When a respondent appears in court at a permanent injunction hearing less an experienced attorney by their side, they risk losing their hearing and legal rights lost when a permanent injunction is in place against you or your loved one. With an experienced Musca Law attorney, a respondent has an attorney who understands the process and courtroom procedures and defenses to adequately attack the allegations spelled out in the petition for injunction and to effectively persuade the judge that a permanent injunction is not warranted and would also harm you or your loved ones legal rights without basis.
The Burdens and Penalties of Being the Subject of a Permanent Injunction in Volusia County, Florida
If a judge enters a permanent injunction against a respondent, the respondent must adhere to every term set forth in the permanent injunction. The first requirement is to cease any contact with the petitioner. Next, the respondent might be forced to turn over all of his or her ammunition and firearms during the pendency of the injunction period, which suspends the respondent's Constitutional second amendment rights. Also, a judge may order a respondent to receive counseling or undergo a mental health evaluation. The judge has the authority to apply any measures in which the judge deems necessary to satisfy the petitioner's interests. Even when an injunction is "permanent," an injunction can be modified or revoked by a judge when a motion is brought by either the petitioner or the respondent (or both) for just cause shown.
Unfortunately, protective injunctions are a matter of public record and are publicly accessible. This is because all civil case information is made available for public record searches and background checks. Often times, a respondent is unaware of this negative consequence. Just as in divorce or bankruptcy cases are made available to the public, protective injunctions entered in a Florida court, which are civil orders, are also made available for public viewing. This is a harsh consequence that does not usually fit the alleged conduct, especially when such conduct has not been proven beyond a reasonable doubt by a jury as in criminal cases. Especially when you consider that a defendant in a criminal case does not receive a conviction on his or her criminal record until he or she either pleads guilty to the crime or is found guilty by a judge or jury. To be automatically labeled a violent person during a civil matter may be just as damaging to the respondent's reputation as a criminal conviction. While being the subject of an injunction does not prove that the underlying allegations occurred, many people who read a protective injunction order tend to believe its contents and allegations. This can harm the respondent's reputation, cause him or her to lose their job, be denied future employment, lose the support of friends and family who only believe the statements and allegations in an injunction order.
The seriousness of alleged violent crimes can upset the balance of protecting an alleged victim from violence versus maintaining the legal rights, good reputation, and well-being of an accused individual is a complex challenge. Judges want to assure the safety of alleged victims while avoiding the harm false allegations produce against respondents who may be innocent of the allegations. When a respondent has not presented a clear case to the judge why the allegations are untrue, the judge will likely choose to side with a petitioner. A judge does not have to believe the accusations are true, but when a respondent is unable to satisfactorily disprove the allegations waged against them, a judge is usually left with one choice. The judge will make the temporary injunction permanent.
These are only a few of the reasons why it is very important for a respondent who is facing a permanent injunction to understand (1) the seriousness of a permanent injunction, and (2) why an experienced attorney may substantially improve a respondent's chances of defending against a permanent injunction. Although, retaining an attorney does cost some money, but the expense of quality legal representation is well worth it when the alternative consequences are, among others, the threat of future criminal liability, a tarnished reputation, the need to undergo a mental evaluation or counseling ordered by a judge, and infringement on second amendment rights. Regrettably, many respondents do not understand the serious nature of an injunction matter until after they are in this situation.
The Severe Consequences of Violating a Daytona Beach Injunction – What Respondents Need to Know
Whether a Daytona Beach judge orders a protective injunction for dating violence, domestic violence, repeat violence, sexual violence, or stalking, a respondent who violates an injunction will be charged with at least one crime. Furthermore, protective injunctions harshly restrict a person's legal rights, as explained above. A respondent violates the law and the terms of a Daytona Beach injunction when the respondent comes into close contact with the petitioner. When this occurs, the respondent could face criminal charges ranging from minor misdemeanor charges to severe felony charges. The charges will depend on the terms of the protective injunction that were violated. If the violation was willful, the respondent could face felony criminal charges, which are punishable with substantial time in prison if convicted. When your legal rights and freedoms are on the line, you or your loved one cannot risk freedom and reputation by retaining an inexperienced or unqualified attorney.
What an Experienced Daytona Beach Protective Injunction Defense Lawyer Can Do for You
The best approach in facing a protective injunction matter is to handle the matter as if it were a criminal matter. If you or a loved one have been served with a temporary injunction and the order has a court date scheduled, you must assume that your legal rights and freedoms are on the line, and you must retain strong legal representation. Otherwise, you risk becoming the subject of a permanent injunction. As previously stated, all types of injunctions are publicly available forever.
An experienced protective injunction defense attorney in Daytona Beach, Florida knows the process, the courts, the judges, the prosecutors, the clerks of courts, and most importantly, what to expect from judges who hear injunction matters. It is essential to understand how a judge usually rules on any given legal matter. This is essential in shaping an effective defense. While all judges must adhere to Florida law when rendering their decisions, judges often have a lot of discretion to make judgments in accordance with what they believe is right. Therefore, it is imperative that you or your loved one retains a strong, experienced, and knowledgeable attorney who understands the legal matter at hand and knows how certain judges are likely to act in certain situations. These qualities offer you or your loved one the best opportunity of fighting a permanent injunction.
Protect Your Freedoms and Legal Rights – Contact our Daytona Beach Injunction Defense Lawyers Today
As previously noted, protective injunctions typically lead to devastating and permanent consequences for a person in Daytona Beach, Florida. Even though the injunction process is a civil matter and handled in civil courts, the consequence of losing an injunction hearing will leave you or your loved one feeling you are being treated as a criminal.
If you, a friend, or someone you love are served with a temporary injunction or temporary restraining order, you need to act fast and speak with one of our experienced Daytona Beach Injunction Defense Lawyers.
At Musca Law, our award-winning Daytona Beach Defense Attorneys work hard to help our clients defend themselves against a petition for a protective injunction. To learn about your legal options, possible defenses, and how to protect your 2nd amendment rights, contact Musca Law 24/7 at 1-888-484-5057. Our firm remains open 24/7 to provide the guidance and legal advice necessary during this serious legal matter.