Injunctions for Protection are issued by judges at the Broward County Central Courthouse in Fort Lauderdale or the West Regional Courthouse in Plantation, FL. The order will tell you when and where to appear for a hearing to determine if the injunction should be granted on a permanent basis.
You have the right to be represented by an experienced attorney at the protective order hearing in Broward County, FL. You have the right to exercise procedural safeguards so that your rights are protected.
For instance, your attorney can ask for a continuance because the hearings are often scheduled shortly after the respondent is served with the order. So that your attorney can be properly prepared for the hearing, your attorney is also permitted to take the deposition of the petitioner or any witnesses that the petitioner intends to call at the hearing. The goal in these cases is getting the petition dismissed either at or before the hearing.
You don't have much time. Act quickly to contact an experienced attorney after you are served with an order for protection.
If you were served with an injunction for protection against stalking, dating violence, repeat violence or domestic violence, then contact an experienced attorney to protect you against these false or exaggerated accusations. We represent clients throughout Broward County at these hearing held in Fort Lauderdale or Plantations, FL.
Although it is not uncommon for these cases to also involve a criminal accusation being prosecuted by the State Attorney’s Office, a restraining order can be issued on a temporary or a permanent basis even if the respondent was never arrested. In fact, in many of these cases, law enforcement officers investigate the allegations and decide not to make an arrest.
In other words, the court can issue the restraining order regardless of whether any criminal charges were filed, reduced, or dismissed by the state attorney, or even if the petitioner never reported the allegations to the police.
The attorneys at Meltzer & Bell, P.A. represent the Respondent in these quasi-criminal actions. As criminal defense attorneys, we are in a position to show that these accusations are not true. Let us put our experience to work for you.
Call (954) 716-8538 today.
In Broward County, FL, a person may petition the court for one of five different types of injunctions for protection. Injunctions for protection can include allegations of:
Under Florida Statute Section 741.30(3)(b), a petition for injunction for protection against domestic violence involves the filing of a form. A similar form for a petition for injunction for protection against the other types of violence noted above is provided in sections 784.046(4)(b) and 784.0485(3)(b), F.S.
Upon the filing of a petition for a protective injunction, the court must hold a hearing at the earliest possible time. Sections 741.30(4) and 784.046(5), F.S. Under Section 741.30(5)(a), F.S., if an immediate and present danger of domestic violence appears to exist, the court may grant a temporary injunction ex parte prior to the full hearing at the courthouse in Fort Lauderdale or Plantation, FL.
What happens if the Petitioner eFiles the Petition on a Domestic Violence matter?
In some cases, the petitioner will E-Filed the petition which is forwarded to the judge for ruling. The judge's decision is made the same day. The petitioner, or their attorney, is responsible for obtaining a copy of the ruling along with all associated documents as explained in administrative order 2016-5-UFC.
Domestic violence is an assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member. See Florida Statute Section 741.28(2), F.S.
Repeat violence constitutes 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 Section 784.046(1)(b), F.S.
Dating violence is violence between individuals who have or have had a continuing and significant romantic relationship. See Florida Statute Section 784.046(1)(d), F.S.
The existence of a dating relationship is determined based on the following:
Under Florida Statute Section 784.046(1)(c), F.S., sexual violence is defined any one of the following types of incidents, regardless of whether criminal charges were filed, reduced, or dismissed by the state attorney:
Stalking is defined as a crime committed by a person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person under Section 784.048(2), F.S.
Cyberstalking means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose. See Florida Statute Section Section 784.048(1)(d), F.S.
Aggravated stalking occurs when a person willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person and makes a credible threat to that person. See Florida Statute Section 784.048(3), F.S.
Information on Restraining Orders in Broward County - Visit the website of Sheriff Scott Israel with the Broward Sheriff’s Office, a full service public safety agency to find information on restraining orders (orders of protection) issued by a judge at the Broward County Central Courthouse in Fort Lauderdale or the West Regional Courthouse in Plantation, FL.
Frequently Asked Questions about Orders for Protection in Broward County - Visit the website of Brenda D. Forman, Clerk of Courts for Broward County, FL, to find a list of frequently asked questions about orders for protection after an act of domestic violence.
When the attorneys at Meltzer & Bell, P.A. represent clients served with a petition for injunction for protection, the goal in these cases is to get the court to dismiss the petition for one of the following reasons:
In Broward County, the injunctions can be filed at the courthouse in Fort Lauderdale or Plantation, FL at the West Regional Courthouse. Our attorneys also represent clients charged with criminal offenses for domestic violence, stalking / cyberstalking, or sexual violence.
If you were served with an injunction for protection, then hire an experienced criminal defense attorney in Meltzer & Bell, P.A. to fight against unfounded allegations of domestic violence, repeat violence dating violence, sexual violence, stalking or cyberstalking.
This article was last updated on Friday, September 1, 2017.
Click here to learn what Meltzer & Bell can do for you regarding your DUI by visiting our traffic department.