Along with representing defendants in criminal cases, we also routinely handle cases in which a client hires us to represent them as a petitioner or a respondent in an injunction proceeding. Though injunctions are technically civil matters, because they often involve overlapping issues with criminal cases, it can be beneficial to retain a skilled Sarasota criminal defense lawyer to represent you for your injunction case. Whether you are the petitioner or respondent in an injunction, having a lawyer represent you can help ensure that the judge makes the right decision and does not simply decide your case before you walk into the courtroom door.
Injunctions can come in many different forms depending on the reason for the petition. If you are the victim of sexual violence, you can move for an injunction against your abuser. If you are the victim of domestic violence, you can seek an injunction against the family member or partner who committed the violence. And if you are the victim of cyberstalking or stalking, you can obtain an injunction to stop the stalker from following or contacting you. Uniquely, repeat violence injunctions can be obtained against a person that you may have no connection to at all, so long as your case meets certain requirements.
Seeking a Repeat Violence InjunctionA repeat violence injunction is unique among restraining orders in that it does not require a prior relationship with the subject of the injunction. Other injunctions, like dating violence or domestic violence require proof that the respondent has a certain familial or romantic relationship with the petitioner seeking the protective order. In an action for a repeat violence injunction, a person must simply prove that two or more incidents of violence or stalking have been committed by the respondent, and that one of those actions occurred within 6 months of the filing of the petition.
If a petitioner is seeking an injunction against you, it is imperative that you seek the counsel of a dedicated Sarasota injunction lawyer to aid in your defense. Many people served with injunctions choose to do nothing about it and justify the action by saying that they have no intention of contacting the petitioner in the future. This can be a grave mistake. If a person has an injunction against you, they have ammunition to get you in trouble with the law any time they like. Though an injunction on its own is a non-criminal matter, a person accused of violating the terms of the injunction will be arrested and charged with the misdemeanor offense of violation of an injunction. Even if the petitioner on a case is the one to contact you initially, a simple response of “stop calling me” can result in your unjust arrest for violating the terms of the injunction.
Injunctions can also have other unintended consequences. If an injunction is granted against you, your right to possess a firearm under the 2nd amendment will be curtailed for as long as the injunction is in force. Injunctions will also show up on background checks conducted by prospective employers, reducing one’s ability to obtain gainful employment. Don’t simply allow an injunction to be put in place against you. Retain a dedicated Sarasota lawyer to protect you against the consequences of a restraining order.
Speak to Our Lawyers TodayThe attorneys at Hanlon Law have spent years working on their craft to best defend their clients in both criminal matters and injunction actions. We understand the consequences facing our clients and work together with them to create the best plan of action for each and every individual case. If you need to file an injunction against a stalker or abuser, don’t hesitate to call us. And if you are the subject of an unjust injunction action, call us today at 941.462.1789.