Clearwater,
Florida Criminal Defense Attorney for Restraining Orders &
Injunctions for Protection
In Florida, Injunctions for Protection (also
known as Restraining Orders) can be sought in a number of
different relationships: married couples, boyfriend/girlfriend,
siblings, and parent/child, to name a few. These orders seek
to prohibit contact, threats, and violence under the official
categories of Domestic Violence, Repeat Violence, Dating Violence,
and Sexual Violence. Allegations in an Injunction for Protection
can include Assault (threats of violence), Battery (unlawful
physical contact), Stalking (unlawful non-physical contact
or harassment), and Sexual Battery. Whether the restraining
order is filed in Pinellas, Pasco, Hillsborough, or elsewhere
in the Tampa Bay area, the parties involved may consult with
a Florida criminal defense attorney
to understand the consequences of an injunction for protection
and the Florida statues involved.
A person who files for an Injunction for Protection/Restraining
Order is known as the Petitioner. The Petitioner fills out
a sworn affidavit provided by the Clerk of Court. There is
no fee for this service. A duty judge usually reviews the
affidavit the same day and decides whether to grant a temporary
order, based on the allegations contained in the affidavit.
If a temporary order is granted, the Sheriff’s Department
is then given the responsibility to serve it on the person
accused. This person is known as the Respondent.
The Court also sets a hearing within 15 days,
and information of the date, time, and place of hearing are
also served on the Respondent. The Respondent may appear at
the hearing, but is not required to. The Respondent may also
have a criminal defense attorney at the hearing. If the Respondent
appears, they may present any witnesses and evidence to support
their defense, including their own testimony. All testimony
is recorded and may be obtained later by the State Attorney’s
Office if there is a criminal investigation.
A Restraining Order/Injunction for Protection
in Florida can have both civil and criminal consequences.
The civil consequences may require:
•
That the Respondent has no contact, direct or indirect,
with the other party
•
That the Respondent surrender any weapons
•
That the Respondent move from his or her permanent residence
•
That the Respondent attend substance abuse and/or domestic
violence counseling
A Restraining Order may also affect temporary
child custody, visitation, and support.
Injunctions for Protection/Restraining Orders
carry no direct criminal consequences. However, if the Respondent
has been, or could be arrested for a related crime, such as
Assault or Battery, any testimony given by them at the hearing
may be obtained by the prosecutor and used against them in
the criminal case. In addition, the Respondent can be charged
with a crime if it is alleged that they violated the terms
of the Restraining Order.
The defense of a Restraining Order/Domestic
Violence Injunction can entail a number of legal, evidentiary,
and strategic considerations. Anyone served with a Restraining
Order should consult with a criminal defense attorney prior
to deciding whether or how they will respond to the challenge.
Charles Holloway, P.A., a Tampa
Bay criminal
defense attorney serving the entire
area, offers free initial consultations to those served with
a Restraining Order/Injunction for Protection. Please call
(727) 446-8303 for information about meeting Attorney Holloway
at one of his offices in Clearwater, Tampa, or St. Petersburg.
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