Melbourne Injunction Defense Attorney

Committed to Fighting Restraining Orders in Brevard County & Beyond

Whether the underlying offense is domestic violence or another type of violent crime in Florida, an alleged victim may also obtain an injunction – also known as an order of protection or restraining order in other states – against the alleged offender. An injunction prohibits a person from contacting or being in the same vicinity with another individual. In addition, having an injunction filed against you can have a negative impact on your life, from employment to housing.

If you have an injunction against you, let The Law Offices of Bryan J. McCarthy protect your rights and freedom. Our Melbourne injunction defense lawyer can listen to your story, examine your case, and effectively defend you in court. Let us get started on you defense immediately.

Types of Injunctions in Florida

There are various types of injunctions in Florida. Each of them has different requirements according to the relationship an alleged victim has with an alleged offender.

The following is a breakdown of the injunctions in FL:

• Domestic violence injunction – Domestic violence involves assault, battery, sexual assault, stalking, and other violent crimes between family or household members. A family or household member means current and former spouses, individuals related by blood or marriage, and the other parent of a child you share. The petitioner (or person filing the injunction) must be a victim of domestic violence or has reason to believe he/she is in imminent danger of being a domestic violence victim.
• Dating violence injunction – Dating violence involves assault, battery, sexual assault, stalking, and other violent crimes between individuals who have had a continuous affectionate or sexual relationship within the past six months. The petitioner must be a victim of dating violence or has reason to believe he/she is in imminent danger of being a dating violence victim.
• Repeat violence injunction – Repeat violence involves two incidents of violence and one incident must have occurred within the six months of filing an injunction. The petitioner must be a victim of repeat violence and/or genuinely fears to be a victim of repeat violence.
• Sexual violence injunction – Sexual violence involves sexual assault, lewd or lascivious acts, and any other sex crime against an adult or minor. The petitioner can be a victim of sexual violence or a parent/guardian of a child who is a victim of sexual violence. The alleged victim must report the sex crime to the police prior to filing for an injunction.
• Stalking injunction – Stalking includes intentionally and repeatedly following or harassing someone else, as well as cyberstalking. The petitioner can be a victim or stalking or a parent/guardian of a child who is a victim of stalking.

Provisions of injunctions include ceasing all contact with the petitioner, staying away a certain distance from the petitioner, refraining from certain locations frequented by the petitioner, surrendering firearms and ammunition, and vacating from a shared home or dwelling. Violation of an injunction is a Class 1 misdemeanor, which carries a maximum one-year jail term and a fine of up to $1,000.

Let Our Firm Defend You Today

Being subject to an injunction and violating an injunction are serious matters, which is why you need an experienced criminal defense attorney on your side to try and get the order dismissed. The Law Offices of Bryan J. McCarthy will do whatever it takes to prove your side of the story and get your life back on track.