Injunctions for Protection in Hernando County
Did the police serve you with an injunction for protection against domestic violence, repeat violence, or dating violence in Brooksville, Hernando County, FL? If so, call an attorney at the Sammis Law Firm to discuss your case.
We represent clients against false and exaggerated allegations of violence in an injunction for protection (often called a “restraining order”).
After you retain our firm, we will typically ask the court for a short continuance so that the hearing can be delayed just long enough for us to complete our investigation and take the depositions of all relevant witnesses.
We can often subpoena phone records, police reports, and other documents that might support your position that the allegations were false or exaggerated.
Consequences of a Temporary Injunction for Protection
Injunctions for Protection against violence are civil matters, but they carry quasi-criminal consequences including a ban on your right to own or possess a firearm.
Unfortunately, the records cannot be sealed or expunged. The allegations contained in the petition become a public record the moment they are filed.
If you are accused of violating the injunction you can be charged with criminal accusations for violations of the injunction.
Why was the Temporary Injunction Granted Against Me?
The temporary injunction can be granted just on the allegations of the petitioner. The petition for injunction for protection must contain allegations by the petitioner that an immediate and present danger of violence exists. Those allegations must contain specific facts.
After the temporary injunction is granted then the Clerk’s Office in Brooksville, Hernando County, FL, will forward the petition and temporary order to the Sheriff’s Office in the county in which you reside or can be found. The moment you are served, the temporary injunction takes effect.
Read the injunction carefully. Make sure you follow the letter and spirit of the order. Make no attempt to contact the petitioner for any reason either directly or indirectly through a third party. Ignore any attempt by the petitioner to contact you.
Your attorney might be permitted to contact the petitioner for purposes of defending you and investigating the allegations, but you must follow the letter and spirit of the order at all times for all reasons.
At the final return hearing, the petitioner must take the witness stand and testify about the allegations. Your attorney will have the opportunity to cross-examine that witness.
Additionally, your attorney can call you to testify, present the testimony of other witnesses, and/or present other evidence and documents.
What are the Different Types of Injunctions for Protection?
Different types of Injunction for Protection are heard at the courthouse in Brooksville, FL, including:
- injunctions for protection against domestic violence;
- injunction for protection against repeat violence;
- injunction for protection against dating violence;
- injunction for protection against sexual violence; and
- injunction for protection against stalking violence.
Injunctions for Protection Against Domestic Violence in Hernando County, FL
Florida Statute Section 741.30, F.S., authorizes a family or household member who is either the victim of domestic violence or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence to file in the circuit court a petition for an injunction against domestic violence.
“Domestic violence” is defined by Florida Statute Section 741.28(2) to include:
- any criminal offense resulting in physical injury or death of one family or household member by another family or household member;
- false imprisonment;
- kidnapping;
- stalking or aggravated stalking;
- sexual battery;
- sexual assault;
- battery or aggravated battery;
- assault or aggravated assault.
Under Florida Statute Section 741.28(3), the term “family or household member” is defined to include:
- spouses or former spouses;
- persons related by blood or marriage;
- persons who are presently residing together as if a family;
- persons who have resided together in the past as if a family; and
- persons who are parents of a child in common regardless of whether they have been married.
With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
Injunctions for Protection Against Repeat Violence in Hernando County, FL
Section 784.046, F.S., provides that a petition for an injunction for protection against repeat violence may be filed in the circuit court by a person who is the victim of repeat violence or the parent or legal guardian of any minor child who is living at home.
Florida Statute Section 784.046(1)(b), defines the term “repeat violence” to include:
- two (2) incidents of violence or stalking committed by the respondent which are directed against the petitioner or the petitioner’s immediate family member; and
- at least one (1) of the two (2) incidents of violence or stalking committed by the respondent must have occurred within six (6) months of the filing of the petition.
Injunctions for Protection Against Dating Violence in Hernando County, FL
Section 784.046, F.S., provides that a petition for an injunction for protection against dating violence may be filed in the circuit court by a person who is:
- the victim of dating violence and has reasonable cause to believe he or she is in imminent danger of becoming the victim of another act of dating violence;
- a person who has reasonable cause to believe he or she is in imminent danger of becoming the victim of an act of dating violence; or
- the parent or legal guardian of any minor child who is living at home and who seeks an injunction for protection against dating violence on behalf of that minor child.
Injunctions for Protection Against Sexual Violence in Hernando County, FL
Section 784.046, F.S., provides that a petition for an injunction for protection against sexual violence may be filed in the circuit court by a person who is the victim of sexual violence or the parent or legal guardian of a minor child who is living at home who is the victim of sexual violence on his or her own behalf or on behalf of the minor child if:
- The person has reported the sexual violence to a law enforcement agency and is cooperating in any criminal proceeding against the respondent, regardless of whether criminal charges based on the sexual violence have been filed, reduced, or dismissed by the state attorney; or
- The respondent who committed the sexual violence against the victim or minor child was sentenced to a term of imprisonment in state prison for the sexual violence and the respondent’s term of imprisonment has expired or is due to expire within 90 days following the date the petition is filed.
“Sexual violence” means any one incident of sexual battery; a lewd or lascivious act committed upon or in the presence of a person younger than 16 years of age; luring or enticing a child; sexual performance by a child; or any other forcible felony wherein a sexual act is committed or attempted, regardless of whether criminal charges based on the incident were filed, reduced, or dismissed by the state attorney. Section 784.046(1)(c), F.S.
Injunctions for Protection Against Stalking in Hernando County, FL
Section 784.0485, F.S., authorizes a person who is the victim of stalking or the parent or legal guardian of a minor child who is living at home who seeks an injunction for protection against stalking on behalf of the minor child to file in the circuit court a petition for an injunction for protection against stalking.
Pursuant to Florida Statute Section 784.048(2), the crime of stalking is committed by a person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person.
For the purposes of injunctions for protection against stalking, the offense of stalking includes the offense of cyberstalking. The term “cyberstalk” is defined under Florida Statute Section 784.048(1)(d), F.S. to include:
- engaging in a course of conduct to communicate, or to cause to be communicated words, images, or language;
- by or through the use of electronic mail or electronic communication;
- directed at a specific person; or
- to access, or attempt to access, the online accounts or Internet-connected home electronic systems of another person when:
- the conduct serves no legitimate purpose;
- is without that person’s permission; and
- causes substantial emotional distress to that person.
Additional Resources
Injunctions for Protection in Brooksville, Hernando County – Learn more about violence injunctions from the Clerk of Circuit Court & Comptroller in Hernando County, Florida.
Clerk of Court and Comptroller20 N Main Street
Room 246
Brooksville, FL 34601
Courthouse Phone Number: (352) 540-6336
Office Hours: Monday through Friday – 8:00 am – 5:00 pm
Violence Injunctions – Information from the Hernando County Sheriff’s Office – Information from the Hernando County Division of the State Attorney’s Office in the injunction for protection including how to file the petition, what to do after the temporary injunction is granted, safety tips, and more.
Choosing an Attorney for an Injunction for Protection Hearing
If you were served with a temporary injunction for protection against violence, then call an attorney at the Sammis Law Firm. Our attorneys represent clients in Hernando County, FL.
During the initial consultation, our attorneys can explain how to win an injunction hearing at the courthouse in Brooksville, FL. If the restraining order was already granted, our attorneys can explain the best ways to get the injunction dropped.
We can help you fight the allegations and protect your good name.
Call (813) 250-0500 today.
This article was last updated on Friday, November 4, 2022.