While an injunction for protection is commonly associated with domestic violence cases, not all victims had domestic relationships with their alleged attackers. In such cases, people may be able to file petitions for injunctions for protection against repeat violence.
Florida Statute § 784.046(1)(b) defines repeat violence as "two incidents of violence or stalking committed by the respondent, one of which must have been within six months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member." The person filing the petition is the petitioner, and the person who protection is being sought from is the respondent, and temporary injunctions may be issued without prior notice the respondents.
But after the respondent is served with the temporary order, the respondent is entitled to notice of the time and date of the return hearing so that the respondent can testify, cross-examine the petitioner about the allegation, call additional witnesses, or present evidence.
If you have been served notice about an injunction for protection against repeat violence being sought against you or you allegedly violated an injunction for protection against repeat violence in South Florida, it is in your best interest to immediately retain legal counsel.
Meltzer & Bell, P.A. defends clients facing domestic violence charges in communities all over Palm Beach County, Miami-Dade County, and Broward County, such as Greenacres, Lake Worth, Royal Palm Beach, Riviera Beach, Palm Beach Gardens, and several others.
Our criminal defense lawyers in West Palm Beach, FL, Lawrence Meltzer and Steven Bell, can fight to protect your rights and help you achieve the most favorable possible outcome to your case.
Call (561) 283-3259 today to have our attorneys review your case and discuss all of your legal options during a free, confidential consultation.
Repeat violence is defined as "two incidents of violence or stalking." Florida Statute § 784.046(1)(a) defines violence as any of the following acts committed by a person against another person:
Under Florida Statute § 784.048(2), a person commits the offense of stalking if he or she "willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person."
A person can file a petition for an injunction for protection against repeat violence if he or she or a member of his or her immediate family is a victim of repeat violence and an immediate and present danger of repeat violence to that person or his or her family exists.
Under Florida Statute § 784.046(5), a court is directed to set a hearing to be held at the earliest possible time once a petition has been filed. If a judge is convinced by the facts contained in the petition that the petitioner or a member of his or her immediate family is a victim of repeat violence and that an immediate and present danger of repeat violence exists, he or she will sign a temporary injunction (also referred to as an ex parte order) for protection against repeat violence.
A temporary injunction takes effect immediately after a copy is served to the respondent, and it remains in effect until a full hearing can be held or it will be in effect for 15 days, whichever comes first. At the full hearing on the petition for a protective order both parties are afforded the opportunity to present evidence to the court.
When a person violates an injunction for protection against repeat violence, he or she may be charged with a first-degree misdemeanor punishable by up to one year in jail and a fine of up to $1,000. If the alleged offender has two or more prior convictions for violating an injunction or foreign protection order, a subsequent violation is a third-degree felony punishable by up to five years in prison and a fine of up to $5,000.
Under Florida Statute § 784.047(1), a person willfully violates an injunction for protection against repeat violence by:
Domestic Violence/Repeat Violence | Clerk & Comptroller, Palm Beach County — The Domestic Violence Department assists petitioners in filing for Injunctions for Protection Against Repeat Violence. Visit this website to learn more about repeat violence and what to bring when filing a complaint. You can also access free online forms.
Clerk & Comptroller, Palm Beach County
205 North Dixie Highway
West Palm Beach, FL 33401
Repeat Violence Checklist | Florida Courts — View a checklist relating to Injunctions for Protection Against Repeat Violence. The document details who has standing to file for such injunctions as well as the requirements. You can also learn more about the relief that may be offered by temporary and final injunctions.
Were you recently arrested for violating a repeat violence injunction or were you served notice of a repeat violence injunction being sought against you in South Florida? You will want to contact Meltzer & Bell, P.A. as soon as possible.
The repeat violence statute—section 784.046, Florida Statutes— defines repeat violence as two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member.
As explained in Florida Statute § 784.046(1)(b), an injunction for protection against repeat violence requires a petitioner to show evidence of two incidents of violence or stalking committed by the respondent, which are directed against the petitioner or the petitioner's immediate family member. The statute defines “violence” as any crimes listed in Florida Statutes. § 784.046(1)(a), including any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person.
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This article was last updated on Friday, April 6, 2018.