Injunctions for Protection in Sarasota County
The court can either issue a Temporary Injunction for Protection (based only on the accusations in the petition) or the court might decide not issue an interim temporary injunction and instead just enter an order setting a hearing on the petition.
Either way, you need an attorney for the return hearing to make sure that your rights are protected as you fight for a dismissal of the injunction.
Attorney for Protection Injunctions in Sarasota County, FL
If you were served with a petition for protection against domestic violence, dating violence, stalking, or repeat violence and wish to contest the allegations, then you have come to the right place.
The attorneys at Sammis Law Firm represent the respondent when a petitioner files false or exaggerated accusations in a petition for a civil injunction for protection in Sarasota County, FL.
Call (813) 250-0500 today.
What is a Temporary Injunction for Protection Order?
The temporary injunction for protection issued by a judge in the Twelfth Judicial Circuit in Sarasota County, FL, is a court order that protects a person from violence during the period of time after the petition is served on the respondent but before the return hearing.
The interim temporary injunction, if issued, stays in effect until the return hearing when both sides get a chance to present their case to the judge in the courtroom.
If the interim temporary injunction is issued then read it carefully. You should not contact the other person in the case or go to their home or workplace.
You should seek out the services of an experienced attorney who can help you fight false or exaggerated accusations so that you can convince the court that it is not appropriate to issue an injunction when the allegations are false or exaggerated.
What Happens at the Return Hearing?
The order sets a hearing at the courthouse in Venice or Sarasota, FL. If you hire an attorney to represent you, your attorney can appear at the hearing with you in the courtroom in Sarasota, County. In many of these cases, you will be served with the petition and have less than a week to find an attorney and prepare for the hearing.
Your attorney can file a motion to continue the return hearing for several weeks so that the attorney has enough time to be thoroughly prepared. Your attorney can also serve the petitioner and their witnesses with a subpoena to take their deposition before the rescheduled return hearing.
By taking the deposition of the petitioner, your attorney can be fully prepared for the return hearing. Your attorney can also present your side of the story by calling you to testify or by calling witnesses that can testify on your behalf. Your attorney can also call law enforcement officers or present documents that support your side of the story.
How Did the Petitioner Get an Injunction for Protection?
In Sarasota County, the petitioner will file the restraining order in the clerk’s office at the Sarasota Main Office in the Historic Courthouse in Sarasota or at the Venice Branch Office in the R.L. Anderson Administrative Center at 4000 South Tamiami Trail.
Florida law provides for five types of petitions for protective restraining orders, including:
- Restraining Order for Domestic Violence
- Restraining Order for Repeat Violence
- Restraining Order for Stalking
- Restraining Order for Dating Violence
- Restraining Order for Sexual Violence
Consequences of Getting an Injunction Restraining Order for Protection
If the court grants an injunction restraining you from contacting another person, then serious consequences attach including:
- You will not be allowed to purchase and possess weapons and ammunition and doing so is a serious felony offense under federal law;
- The injunction may require you to leave your home, or prevent you from seeing your children;
- If you are accused of violating a final injunction, you might be arrested and charged with a first-degree misdemeanor charge for each violation which is punishable by up to 12 months in jail;
- If you are accused of stalking the petitioner after the injunction is entered then you can be charged with a felony offense for aggravated stalking;
- If you are not a U.S. Citizen then you can be deported or your application for citizenship may be affected;
- The injunction will show up in any background check which will impact your ability to find a job;
- Your professional licenses may be affected especially if you are a health care professional, lawyer, member of the military, law enforcement officer, or certified educator; or
- Your ability to attend college or university might be affected.
Motion to Modify, Dissolve, or Dismiss a Restraining Order in Sarasota County, FL
The attorneys at the Sammis Law FIrm also represent clients on a “Motion to Modify, Dissolve, or Dismiss a Restraining Order.”
The Motion to Modify, Dissolve, or Dismiss the restraining order is filed with the clerk’s office by either the respondent or petitioner after the court in Sarasota County, FL, has previously entered injunction for protection against domestic violence, repeat violence, dating violence, or sexual violence. The motion requests that the court modify the terms of the injunction. After the motion is filed, it is forwarded to the Family Law Judge for review so that the court can set a hearing to grant the motion.
If the court grants the motion, it will prepare an order reflecting the modifications. The petitioner might also file a Motion for Extension of Restraining Order if an injunction for protection was previously entered, and the petitioner wants the order to be extended for a longer period of time. The Motion for Extension must be filed BEFORE the previously entered Order expires.
Violation of the Restraining Order in Sarasota County, FL
The attorneys at the Sammis Law Firm also represent clients accused of violating a restraining order for protection. In these cases, the petitioner will fill out an affidavit for violation and violation of injunction case information form.
Then the State Attorney’s Office in Sarasota County, FL, will assign the case to an intake prosecutor who will review the intake determination report for violation of an injunction. The prosecutor will review the paperwork and determine if a criminal charges will be filed. If no criminal charges are to be filed, the violation paperwork will be forwarded to the Family Law Judge for review.
Keep in mind that if an injunction is granted it is not a “two-way” street. In other words, it does not protect you if the petitioner contacts you. If you feel that you have been stalked, harassed, threatened, the victim of violence or are in imminent danger of becoming a victim of violence by the other person, then you have the right to petition the court for an injunction against the other person in your case.
Injunctions for Protection (Restraining Orders) in Sarasota County – Visit the website for the Clerk of the Circuit Court to find information on restraining orders of protection issued at the courthouse in Sarasota or Venice, FL.
This article was last updated on Wednesday, June 27, 2018.