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Domestic violence and stalking injunction Matters

Domestic violence and stalking injunction matters

In today’s technology world people seem unable to end their relationships or friendships with court action. The collateral consequences of Violence Injunctions Tampa can be catastrophic to your career and freedom. Not only will an injunction require you to surrender your firearms and concealed carry permit, but the permanent injunction (if granted) will show up on a background check. That may mean that you will be unable to work or volunteer with children including your own child’s school. You may be stripped of any security clearance if you do any government work or need access to government property and your employer will know about the permanent Violence Injunctions Tampa. Also, your neighbors, friends and colleagues will be able to see on the public clerk of court docket that you are the subject in an injunction proceeding.

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A civil domestic violence injunction is a court order designed to offer protection to a person who fears they are in imminent danger of becoming a domestic violence victim or has already been a victim of domestic violence abuse. However, if an individual is wrongly accused of domestic violence and a Domestic Violence Injunctions Tampa is entered against him or her, the individual may face severe consequences.

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Hiring an experienced injunction law lawyer can make or break the case when it comes to the Judge deciding whether to grant or deny the permanent injunction or restraining order. In junctions have different names and different proof elements. The most vague is a new line of injunctions related to stalking or cyberstalking. These are almost always related to texts, emails, Facebook postings, Pinterest posts, or Tweets that are perceived to be threatening or harassing.

What happens when someone files a Petition for Injunction?

The court first decides whether it will grant a temporary injunction on an ex parte (without you even knowing it has been filed or hearing from you) basis. The court will then schedule the final hearing for about 10-15 days later to allow the Injunction and temporary injunction to be served upon the Respondent. If the Court does not find that the alleged facts are sufficient to grant the temporary injunction he or she may set a hearing to obtain additional facts.

In many cases, the Respondent’s attorney can request a continuance for the return hearing in order to take the Petitioner’s deposition and further investigate the allegations. The hearing is then usually rescheduled for 30 days later during which time the temporary restraining order is continued. At the final hearing, the Respondent’s attorney can cross-examine the petitioner and every witness he or she presents and bring forth any witnesses or proof.

What happens to you if the Injunction is granted?

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

  • The injunction can be enforced in all 50 states and entered into NCIC and FCIC.
  • You may be required to leave your home, and prevented from seeing your child, or ordered to pay child support.
  • You may not be able to purchase a firearm or other weapon, including ammunition.
  • The injunctions can have serious effects on your family law, divorce or child custody case.
  • If it is alleged that you violated the order, you can be arrested for violation of wither the temporary or permanent injunction.
  • You could be charged with stalking or aggravated stalking that might carry a “no bond” provision.
  • If you are not a U.S. Citizen, you could be subject to deportation or your application for citizenship would be affected.
  • A professional license may be affected especially for nurses or health care professionals, law enforcement officers, members of the military, lawyers or law school students, and licensed child care providers.
  • Your employment applications may be affected, especially for job that require a background check, or the possession of a firearm.
  • Your application for housing may be affected.
  • Your admission to universities, colleges, or the military may be affected.
  • Your eligibility for certain scholarships and/or federal grants may be affected.

What rights do you have once an Injunction has been filed and the allegations made?

You are entitled to hire an attorney to defend your honor at the Injunction hearing and ensure that the Petitioner bears the burden of proof to show that he/she has reasonable cause to believe that he or she is in imminent danger of becoming a victim of domestic violence, or has been the victim of the alleged violence, stalking or other perceived wrong. Here are some the steps we will to take to win your case:

  • At the upcoming scheduled hearing (“return hearing”) we often request a continuance so that we can take the petitioner’s deposition, subpoena any relevant witnesses, and investigate the facts of your unique case.
  • The temporary restraining order usually stays in effect during the period of continuance if requested by the Respondent.
  • We then subpoena the witnesses for a deposition and order them to bring all physical evidence of the allegations so that we can know in advance what their evidence or proof would be.
  • In some factual situations it may be appropriate to retain a private investigator to gather additional evidence. These strategies will be explored with each client and used when appropriate.
  • Always your attorney will bring case law and current research to show the court why the Injunction should be denied and dismissed

Why should you fight the Injunction?

Injunctions should never be used to harass citizens or gain an advantage in a divorce or child custody case. If that is being done, I will get to the bottom of the accusations and make a clear case to the court that the Petitioner is abusing the system out of revenge, anger or as a way to gain a tactical advantage in another type of proceeding. Because of the collateral consequences of an injunction, you should never agree to the injunction being in place. It is never on your best interest to waive your right to have the Petitioner prove the Injunction. You have absolutely nothing to lose. However, if you have pending criminal charges as a result of the injunction, it may be in your best interest not to testify at the hearing as a witness. After consultation with a qualified attorney, you may exercise your Fifth Amendment right to remain silent as to the allegations. This does not prevent you from calling other witnesses on your behalf and having your attorney cross examine the Petitioner and their witnesses.

 

Thomas Law