Injunction for Protection
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.
Attorneys for Injunction for Protection in Broward County, FL
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 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 (754) 755-8554 today.
Types of Injunctions for Protection (Restraining Orders) in Florida
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:
- domestic violence under Section 741.30(1), F.S.;
- repeat violence under Section 784.046(2), F.S.;
- dating violence;
- sexual violence; or
- stalking (or cyberstalking) under Section 784.0485(1).
What is an Injunction for Protection (Restraining Order)?
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.
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.
Injunctions for Protection Against Domestic Violence
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.
Injunctions for Protection Against Repeat Violence
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.
Injunctions for Protection Against Dating Violence
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:
- A dating relationship must have existed within the past 6 months;
- The nature of the relationship must have been characterized by the expectation of affection or sexual involvement; and
- The frequency and type of interaction must have included that the persons have been involved over time and on a continuous basis during the course of the relationship.
Injunctions for Protection Against Sexual Violence
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:
- Sexual battery;
- A lewd or lascivious act committed upon or in the presence of a person younger than 16 years of age;
- Luring or enticing a child;
- Sexual performance by a child; or
- Any other forcible felony wherein a sexual act is committed or attempted,
Injunctions for Protection Against Stalking or Cyberstalking
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.
Domestic Violence Department of the Broward County Central Courthouse
201 SE 6th Street, 2nd Floor, Room 02140
Fort Lauderdale, FL 33301
Phone Number: 954-831-5570
Hours of Operation: 8:30 a.m. – 7:00 p.m.
Domestic Violence Department of the West Regional Courthouse
100 N. Pine Island Road – Room 180
Plantation, FL 33324
Phone Number: 954-831-5612
Hours of Operation: 8:00 a.m. – 4:30 p.m. (filings stop at 2:00 p.m.)
Pro Se Self Domestic Violence Help Unit
Broward County Central Courthouse
Judicial Complex West Building
Domestic Violence Division
201 SE 6th Street, 2nd Floor, Room 02140
Fort Lauderdale, FL 33301
Attorneys for Respondents in Injunction Hearings in Broward County, FL
When the attorneys at Meltzer & Bell 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:
- Failure to state a claim;
- Lack of jurisdiction; or
- Insufficiency of the petition.
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 to fight against unfounded allegations of domestic violence, repeat violence dating violence, sexual violence, stalking or cyberstalking.
This article was last updated on Friday, November 3, 2017.