Protective Orders for Repeat Violence
Under Florida Statute § 784.046(1)(b), the term "repeat violence" is defined as at least two incidents of violence or stalking committed by the alleged offender, which are directed against the victim or the victim’s immediate family. In order to file a petition for protective orders against repeat violence, one of the two incidents of violence must have occurred within 6 months of the filing of the petition.
In order for a parent or guardian to file for protection against repeat violence, the alleged offender must not be the minor child’s parent, stepparent, or legal guardian. The child must also be living at home with the parent or guardian, who is filing as the petitioner on their behalf. The parent or guardian must also have reasonable cause to believe that the minor child is a victim of repeat violence.
Parents or guardians can file for protection against repeat violence on a minor child’s behalf against a parent, stepparent, circumstances, or legal guardian, but the minor child must be living at home with the petitioning parent or guardian, and the parent or guardian must have been a witness to, or have direct physical evidence or affidavits from witnesses, of the relevant facts and circumstances of the violence.
The respondent must be personally served with a copy of the petition for protection against violence, notice of a hearing, and temporary injunction, if any, prior to the hearing.
Palm Beach County Protective Order Lawyer
If you or a loved one wish seek to have a protective order in place to prevent repeat violence, contact Meltzer & Bell. The lawyers of Quality Family Law have represented both petitioners and respondents of repeat violence in the West Palm Beach, North Palm Beach, Boca Raton, Jupiter, Wellington, Delray Beach, Lake Worth, Palm Springs, and Boynton Beach areas.
For your convenience, we have an office located in West Palm Beach, Florida to help families during these stressful times. Our lawyers are very knowledgeable of Florida laws that govern protective orders and can inform you of any legal protections you may have.
Contact Quality Family Law at (561) 557-8686 so we can start protecting you and your family today.
Possible Relief Granted by Temporary Injunctions
Victims of repeat violence or parents or guardians of minors living at home, seeking protection against repeat violence has standing in the circuit court to file a sworn petition for an injunction for protection against repeat violence.
In the repeat violence context, a temporary injunction is a court order prohibiting an alleged offender from committing violence upon the petitioner. In an action for repeat violence, parties do not have to be “domestically” related in order to be granted protection.
Temporary injunctions may include the following:
- restrain the respondent from contact with the petitioner;
- restrain the respondent from knowingly coming within 100 feet of the petitioner's automobile at any time;
- prohibit the respondent from using or possessing a firearm or ammunition, and ordering them to surrender any firearms or ammunition in respondent’s possession to specified sheriff’s office;
- restrain the respondent from going to, in, or within 500 feet of the following:
- the petitioners current or future residence;
- the places frequented regularly by the petitioner or the petitioner's minor children; and
- the petitioners current or subsequent place of employment or school;
- order other relief as the court deems necessary for the protection of the petitioner, including injunctions or directives to law enforcement agencies; and
- restrain the respondent from committing any acts of violence.
Florida Injunctions Against Repeat Violence Time Restraints
When a petition for an injunction against repeat violence is filed, the circuit court judge is required, by Florida Statute § 784.046(5), to set a hearing to be held at the earliest time available.
The respondent shall be personally served with a copy of the petition, notice of hearing, and temporary injunctions, if any, prior to the hearing.
Motions to Terminate or Modify an Existing Injunction for Repeat Violence
The terms of an injunction shall remain in full force and effect until modified or dissolved. Either the respondent or the petitioner may move to modify or dissolve the injunction at any time. Such relief may be granted in addition to other civil and criminal remedies. Depending on the circumstances, the court may extend the injunction for longer periods of time or until a further order of the court. The court has full discretion in choosing when to grant an extension depending on the circumstances of each case. No specific allegations are required.
Finding An Attorney for Injunctions for Repeat Violence
If you were served with an injunction for protection against repeat violence or wish to have protection against a repeat violent offender, then contact Quality Family Law as soon as possible.
We have many years of experience representing those in West Palm Beach, North Palm Beach, Boca Raton, Jupiter, Wellington, Delray Beach, Lake Worth, Palm Springs, and Boynton Beach areas with their legal matters.
Contact Quality Family Law at (561) 557-8686 so we can start working on your case today.
This page was last updated on April 17, 2017.
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