Get the strongest defense against false orders of protection from an experienced injunction lawyer in Lakeland
An injunction (commonly known as a restraining order or an order of protection) is an order by the court to protect victims from harassment and danger by an alleged abuser. Did you know false allegations are not uncommon?
Whether it’s a spiteful ex or jealous partner, false orders of protection are filed all the time, and can make your life miserable. The only way to defend yourself against fabricated misconduct is to hire an experienced attorney specializing in restraining orders.
Richard McKendrick has over 25 years of experience and can explore every option to get an order of protection modified or dropped.
It’s important to note that there are two types of injunctions — temporary and permanent. A temporary court ordered injunction can be granted without a hearing, while permanent orders can only be issued after a hearing.
What can be considered domestic violence? The Department of Justice has created a broad definition of the term to help protect victims:
“A pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.”
This type of injunction is reserved for family members like spouses, relatives, or individuals with a child in common.
If someone has a reason to believe they are in imminent danger from stalking or violence committed by a person they have engaged in an affectionate relationship with, this injunction would be appropriate.
It’s important to know exactly which type of restraining order you should file or which was filed against you. With an attorney specializing in domestic violence and other types of injunctions, you’ll have the best outcome for your case.
This injunction is appropriate when a person is intentionally stalking or harassing you and causing you emotional harm. If the stalking escalates to the threat of physical harm, then the stalking is considered “aggravated.”
If at least two acts of stalking or violence have occurred with one being in the past six months, this type of injunction can be filed (for non-family members)
According to Florida Statute § 784.046(1)(a), violence is defined as “…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.”
This order of protection may be used if a person is reported for committing any of the following:
Since no two cases are exactly alike, circumstances can vary. One judge may issues certain requirements while another may not.