Tampa Restraining Order Hearings Attorney

Tampa Restraining Order Hearings Attorney

This article was written by the Sammis Law Firm in Tampa.
It contains excellent information about Restraining Orders In Hillsborough County, Florida.



Temporary Restraining Orders
If you have been served with a "petition for an injunction for protection against domestic violence or repeat violence," also known as a restraining order, seek immediate advice on defending yourself against the accusation in Tampa, Hillsborough County, FL, or the surrounding counties of Polk County, Pasco County or Pinellas County. Domestic violence injunctions are serious matters with serious consequences.



Any restraining order is public record that can be uncovered by employers during a job search or when you are considered for a promotion. While the injunction is in effect, you lose certain civil rights, including the right to possess a firearm. Contact an experienced Tampa attorney that handles injunction of protection against domestic violence or repeat violence.


The Allegation of Domestic Violence:



Any man or woman claiming to be the victim of violence can apply for an injunction for protection against domestic violence or repeat violence (restraining order) in Florida. The person filing the petition is called the petitioner and the person that is the target of the petition is called the respondent. The petition can be filed by anyone over the age of eighteen (18) to protect the petitioner and the petitioner's children.



The Initial Determination:



The court system first decides whether it will grant an temporary injunction on an ex parte basis (after only considering the petitioner's allegations). The court will then schedule the final hearing for 15 days later. During those fifteen days attempts are made to serve the respondent. In many cases, the Respondent's criminal defense attorney can request a continuance in order to take the Petitioner's deposition. The hearing is then usually rescheduled for 15 days later during which time the temporary restraining order is continued. At the final hearing, the Respondent's criminal defense attorney can cross-examine the petitioner and present other testimony and evidence.



Injunction for Domestic Violence in Hillsborough County, FL:



Hillsborough County has special circuit family law divisions that hear each petition for an injunction against domestic violence or repeat violence in Tampa and Plant City, FL. The Injunction for Protection (IFP) Against Violence Program for Hillsborough County is located at the George Edgecomb Courthouse Facility, 800 East Twiggs Street, Rm 101, Tampa, Florida, 33601. The program is open Monday through Friday from 8 a.m. to 6 p.m., and from 7 a.m. to 10 a.m. on Saturday, Sunday and holidays.

The Loss of Certain Civil Rights

If a final injunction for protection is granted against you in Florida, serious consequences can result including the following:



1.The injunction can be enforced in all 50 states;

2.You may be required to leave your home, and prevented from seeing your child, or order to pay child support;

3.You may not be able to purchase a firearm or other weapon, including ammunition;

4.The injunctions can have serious effects on your family law, divorce, alimony, or child custody case;

5.If it is alleged that you violated the order, you can be arrested for violation of a domestic violence injunction or violation of a repeat violence injunction

which is a first degree misdemeanor;

6.You could be charged with stalking or aggravated stalking which are felony charges that usually carry a "no bond" provision;

7.You could be subject to deportation or your application for citizenship would be affected;

8.A professional licenses may be affected;

9.Your employment applications may be affected, especially for job that require a background check, or the possession of a firearm;

10.Your application for housing may be affected;

11.Your admission to universities, colleges, or the military may be affected; and

12.Your eligibility for certain scholarships and/or federal grants may be affected.

Federal law, 18 U.S.C.A. Section 922(g)(8-9), prohibits any person from owning, possessing or using a firearm or ammunition under the following circumstances:



1.If the man or woman has been been convicted of any misdemeanor act of domestic violence, including domestic assault or domestic battery; or

2.If the man or woman is the subject of a court order that does one of the following:

■Was granted after the person received notice and had the chance to participate before the order was granted;

■Provides for some kind of restraint of the individual from stalking, threatening or harassing a domestic relation, or if the order prevents any actions that would place another domestic relation in reasonable fear of bodily injury or harm;

■Provides a finding that the person is a credible threat to the safety of the domestic relation; or

■Prevents the use of physical force against the domestic relation that would reasonable by expected to cause bodily harm.

Domestic Violence Restraining Order



A restraining order for domestic violence may be requested by any man or woman who claims to be the victim of domestic violence or who claims to believe that he or she will soon become the victim of domestic violence in Florida. To qualify as "domestic violence" under Florida law the incidents described in the petition must have occurred between a husband and wife, a former husband and wife, people related by marriage or blood, people who are living together as an intimate couple, or parents who have a child in common. The domestic relationship is usually defined to include gay or lesbian couples who have lived together in an intimate relationship.



Repeat Violence Restraining Order



In order to file a restraining order petition for repeat violence in Tampa, Florida, a person must claim to have been a victim of two acts of violence or stalking committed by another. At least one of those incidents must have occurred within the last six (6) months. The person filing the petition must also show that the relationship is "domestic" because the petitioner is related to the person against whom the petition is targeted as a spouse, former spouse, live-in lover, relative by blood or the parent of the petitioner's child. If the petitioner is merely a friend, neighbor, boyfriend, business associate, or roommate then a petition or a retraining order for repeat violence should not be granted.



Dating Violence



Dating violence under Florida law refers to violence between two individuals involved in an intimate or romantic relationship that was significant and continued for some extended period of time within the last six months. Dating violence does not include ordinary relations, whether business or social, between two individuals who did not engage in or have an expectation of engaging in intimate or sexual relations. An order for protection from dating violence is only appropriate when a battery, assault, stalking, kidnapping or false imprisonment allegation is made.


Temporary Restraining Orders are Usually Granted

After the person claiming to be the victim of domestic or repeat violence files a petition in Florida, the paperwork is submitted to the judge. If the court grants the request the injunction for protection or retraining order will be granted on a temporary basis until the respondent can be served and appear at a hearing to address the accusations. The time and date of the hearing will be written on the notice. The sheriff's department will serve you with the injunction for protection or repeat violence restraining order in Hillsborough County Florida.

Injunction for Protection or Restraining Order Hearing



At the hearing for the restraining order in Florida, the judge will hear testimony from the petitioner and respondent. The judge can grant the restraining order, continue the restraining order hearing, or dismiss the restraining order. The court has broad discretion to fashion a restraining order or domestic violence protective order which can include the following requirements:



■A provision that prevents you from contacting the alleged victim at the alleged victims’ home, place of employment, child care facility, school, or other location;

■Provides that you can not go within a certain number of feet of the alleged victim;

■A “no-contact” provision that prevents you from calling, e-mailing, texting, or using a third party to contact the alleged victim; and

■A provision which requires you to pay the petitioner money on a monthly basis as temporary child support;

■A provision which provides for the circumstances and times at which you can visit your child, called a temporary child visitation order.

The restraining order under Florida law will stay in effect until it expires, or is dismissed or modified by the court.



Allegation of Violation of an Injunction for Protection Against Domestic Violence (Restraining Order)



If an Order for Protection is granted and then violated, the petitioner can file an Affidavit of Violation of Injunction in the Clerk of Court's office where the alleged violation occurred, including Hillsborough County, Polk County, Pasco County, or Pinellas County, FL. A violation can occur if the petitioner alleges that the respondent violated the order by having direct or indirect contact with the petitioner. The police will be notified and can obtain a warrant to arrest the respondent for violating the Order of Protection. In other cases, the respondent can be ordered to appear for a hearing to answer charges that the Florida Restraining Order was violated.



The State Attorney's Office in Florida will review the Affidavit of Violation of Injunction or Restraining Order to determine whether to file a criminal charge for violation of injunction, which is a first degree misdemeanor punishable by twelve (12) months in the county jail. An additional violation can occur if the petitioner alleges that the respondent intentionally touched or struck the petitioner. If physical contact is alleged, then the State Attorney's Office can file an additional criminal charge of "Domestic Violence Battery" pursuant to Florida Statute Section 784.03(1)(a), which is a misdemeanor punishable by 12 months in the county jail. Finally, a violation can occur if the respondent does not do something required by the Order for Protection, such as pay child support.



Allegations that you violated a Domestic Violence Order of Protection or Restraining Order are treated seriously by the courts in Hillsborough County, Pinellas County, Polk County, Pasco County, Florida. If it has been alleged that you violated an injunction, contact an experienced Tampa domestic violence attorney.



Defense Against False Allegations



We have all read newspaper headlines about horrific acts of domestic violence throughout Florida, including Tampa, St. Petersburg and Clearwater. The domestic violence laws were intended to prevent these terrible acts. When a false allegation is made, however, the consequences can be equally devastating.



When an accusation is made, with or without any independent facts to support those allegations, the court will routinely grant the protective order on a temporary basis pending a hearing. Few of the these requests are denied. According to a 2005 article in the Illinois Bar Journal, restraining orders are unfortunately considered by many as one part of the "gamesmanship of divorce." If a false allegation is made, then evidence must be gathered to carefully refute that allegation. The fact that a permanent injunction is granted is a fact that can be used during a Divorce or Family Law case.



A temporary restraining order or domestic violence order of protection is a serious legal remedy with serious legal consequences. Under Florida Statute Section 741.30(1)(a), once the retraining order has been issued and served the subject of the order may not legally possess a firearm. Losing this important civil right demonstrates just how seriously the legislature treats these kinds of domestic violence issues.



Although men are most frequently the target of a domestic violence protective order, it is becoming more common for women to be the target of these accusations. Women are particularly vulnerable to false accusations made during domestic violence protective order hearings.



When the man is the target, it is all too common that a wife or girlfriend will want to end a relationship with the father of her children or resolve financial disputes. By making a false allegation of abuse or fear of domestic violence, the mother can accomplish many things, including having the father removed from the home and preventing the father from seeing the children. The temporary retraining order can be granted after the court reviews only the application made by the person who alleges the incident occurred. The other side does not have an opportunity to respond until a full hearing can be held. Once you are served with a copy of the restraining order by the sheriff’s department, you must act quickly. At the hearing, the court may hear testimony from both sides, and consider other evidence that is presented. The court can decide to continue the restraining order or dismiss it.



Sometimes called the “poor man’s divorce court,” the temporary domestic violence requests and hearings can be prone to abuse. Only by hiring an experienced attorney can the respondent defend against false accusations often motivated by a desire to gain an advantage in a future family court hearing. Especially when children are involved, it is important to protect all of your rights so that the best outcome for you and your family can be achieved.



If the order has already been granted can it later be dismissed or modified?



Another common scenario occurs when a temporary or permanent restraining order is granted, and then the person who applied for the restraining order (the petitioner) wants to reconcile or get back together with the person subject to the order (the respondent). The restraining order is in effect until it is dismissed by the court, regardless of what the petitioner tells you. If the petitioner desires to have the restraining order dismissed, the petitioner must appear in the Clerk’s office and complete certain paperwork. Even after the paperwork is completed, the order remains in full force and effect until it is dismissed by the court.



The court may set the case for a hearing before deciding whether to dismiss the restraining order. You should never discuss with the petitioner your desire to have the restraining order modified or dismissed because doing so could result in a violation of the order or additional criminal charges. You are not allowed to have anyone contact the petitioner, other than through your attorney under certain circumstances, for any purpose unless provided for in the order itself. If a modification is appropriate, you can file a motion to modify the restraining order.