Those who are the victims of violence in Florida have several options for protective injunctions to restrain the abusing party. A repeat violence injunction is one such avenue for relief where an individual endures two or more incidents where they or an immediate family member were harmed by someone else. This type of restraining order serves those who are not in a domestic relationship with the alleged abuser and have experienced two abusive episodes, one of which should have occurred within the past six months prior to filing.
It’s important to understand that protective injunction actions require substantiated proof of the alleged violence leading up to the need for such an order. Both parties involved in the case have legal rights and protections under Florida law. Whether you need an injunction or face false allegations of harming someone, it’s critical to have an experienced injunction lawyer by your side to see you through this challenging time.
Florida law is very specific about what qualifies as violence when someone seeks a repeat violence injunction. Shouting and obscene hand gestures, without an overt act that places the petitioner in fear, is not considered the type of violence required to get an injunction.
State Statute 784.046(1)(a) makes it clear that the following constitute violent actions:
It’s important to understand that unless some type of physical offense against the victim has occurred, the court may not find that any violence took place to warrant an injunction.
Repeat violence often occurs between two people who are not in a domestic relationship. A work colleague may commit a sexual assault against another peer, or a neighbor may assault someone over noise or other complaints. There are a myriad of scenarios where two parties end up in court with an injunction request.
A relationship which may warrant a repeat violence injunction can involve the following types of relationships:
An alleged victim of repeat violence must prove that an assault or battery took place to be eligible for this type of injunction in Orlando. Simply knowing that the respondent is a violent individual is not evidence. The alleged victim must have a well-founded fear of imminent violence to prove assault. Those who do not take threats seriously or can only show that the respondent shouted or used obscene hand gestures will not obtain an injunction.
Each alleged incident of violence must be supported by competent, substantial evidence. Testimony from one person can be found to be just that. This is a determination that is made by the Judge after hearing all the evidence presented.
There are two key components to a request for this type of injunction:
Multiple acts arising from a single incident are not considered repeat violence where the acts are not separated by time or distance; however, as little as five minutes between two incidents have been found to be enough to get an injunction for repeat violence. Levy v. Jacobs, 69 So.3d 403 (Fla. 4th DCA 2011).
Victims need lawyers to make a compelling case to the judge about the violence they experience. Hearsay and anecdotes will not count. Lawyers know just the type of evidence you need to support your case and how to collect it. If you need to defend against accusations of violence, an injunction lawyer can also help you obtain the necessary evidence to show that you do not deserve an injunction against you.
Attorneys with The Fighter Law Firm have years of experience helping people throughout Orlando and the Greater Central Florida area to resolve matters pertaining to repeat violence injunctions. As a recognized AV Rated Preeminent Lawyer, Attorney Thomas Feiter is one of the few attorneys in the area who is Board Certified in Criminal Trial Law by the Florida Bar. As Florida Bar’s Board Certified Lawyer of the Year in 2015, you can trust his demonstrated ability to bring successful actions in sensitive cases involving protective injunctions. Contact his office online for a free consultation, call (407) FIGHTER (344-4837) or complete our contact form.
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