Domestic Violence Injunctions
Defending Against & Modifying Domestic Violence Injunctions
Have you been accused of domestic violence by your spouse, significant other, or family member? Worse yet, have you already been targeted by a domestic violence injunction that limits your freedoms as long as it stands? You need to stand up for yourself, your future, and your reputation. You can turn to Powell, Jackman, Stevens & Ricciardi, P.A. for all the legal counsel you need in such a difficult time.
With more than 70 years of combined legal experience, we are the Fort Myers domestic violence injunction attorneys you know you can trust with your case. We are aware that domestic violence accusations are often filed based on fabrications or exaggerations, and related injunctions are therefore unreasonable. Tell our team your side of the story and we can tell you how we can help.
What Does a Domestic Violence Injunction Do?
It is entirely possible that you were told that you have been targeted by a domestic violence injunction without ever knowing that your significant other had ever accused you of domestic violence. This can occur due to ex parte orders approved by the court on-the-spot. If there is believed to be an immediate danger of further domestic violence, the court can create a domestic violence injunction without ever even seeing the person being accused.
A domestic violence injunction of any sort can do the following and more:
- Prohibit you from directly contacting the petitioner.
- Entering certain areas where the petitioner is known to work or reside.
- Limit your rights to bear arms.
- Place an arrest warrant on your name to bring you in for questioning.
Furthermore, if you violate a domestic violence injunction in Florida, it can be considered a high-level misdemeanor. Penalties for a misdemeanor conviction can include thousands of dollars in fines and fees paid to the state, as well as jail time. The violation can escalate to a felony for repeat offenses, too.
How Long Do Domestic Violence Injunctions Last?
Ex parte and temporary domestic violence injunctions – sometimes referred to as restraining orders – only last until a domestic violence hearing can be held. At the hearing, the injunction either becomes permanent or dismissed. In most cases, the hearing is scheduled only a matter of days after the injunction is first created by the court. As inconvenient as it may be to rearrange your personal schedule to attend the hearing, you must do it. Failing to show up will default the case in your accuser’s favor.
The hearing is likely your first chance to prove your innocence or the unnecessary nature of the domestic violence injunction. Do not go into the hearing unprepared. Instead, let our Fort Myers attorneys represent you. We can quickly build a case on your behalf to bring to the hearing in an attempt to undo the injunction before it ever has a chance to become permanent.
Modifying a Preexisting Domestic Violence Injunction
If you are already limited by a domestic violence injunction, you still have an opportunity to challenge it through modification. Work with our legal team to create a petition to send to the court that first approved the injunction. In this petition, we will want to compile as much evidence as we can to show that the injunction is either unnecessary or unreasonably restricting and requiring modification.
Evidence we may be able to use to your advantage includes:
- Your own otherwise clean criminal record
- Your accuser’s medical record that shows no signs of abuse
- Testimonials from trusted sources, like neighbors or family members
Restore Your Reputation & Freedom Today – Call (239) 970-6844
You should not have to live unfairly limited by a domestic violence injunction that never should have been created or approved in the first place. Get serious representation from our Fort Myers domestic violence defense lawyers to set things right again. We are dedicated to your defense!
Do not hesitate to contact our law firm as soon as you need our help.