By comparing multiple New Port Richey family law attorneys, you have a better opportunity of finding one that will properly handle your case as it relates to Restraining Orders. To get started, simply view the profiles listed below or call any of the following New Port Richey, Florida lawyers to learn more about their services. ...
Law Offices of Wendolyn S. Busch, P.A. Civil Litigation Lawyers Serving Port Richey, FL and Pasco County, Florida. Open for Business. Ms. Busch has handled cases for both plaintiffs and defendants in these areas and has extensive experience in federal and state court matters.
Nov 09, 2018 · Our attorneys for protective order hearings in Pasco County, FL, can help you fight false or exaggerated accusations in domestic violence, dating violence, repeat violence, or stalking injunctions. We represent clients charged with domestic violence crimes in Pasco County, FL. Call 727-807-6392 today.
Nov 09, 2018 · The Court in Florida may decline to exercise jurisdiction in a case for a protective order (restraining order) for protection against domestic violence filed OBO or “On Behalf Of” the children when a divorce is currently pending in the home state. ... 7509 Little Road New Port Richey, FL 34654 Phone: 727-807-6392 ... FL, for your case ...
A Law Firm practicing Civil Litigation law.# N#Ramey & Kampf, a Professional Association, dedicates its practice to the defense of institutional, corporate and individual clients. ... Read More#N#The law firm limits its practice to the areas of Automobile
A Law Firm practicing Civil Litigation law.#N#Befeler Law Firm, P.A. was founded by David Befeler with a simple yet crucial concept in mind – to provide quality legal and ... Read More#N#mediation services to clients in a professional manner that
Were you served with a petition for a protective order? These petitions are intended to protect people from acts of domestic violence, dating violence, repeat violence, or stalking. In Florida, the protection orders are often called “restraining orders” or “injunctions.”
If you were served with a petition for an injunction against violence, including domestic violence, dating violence, stalking, or repeat violence, then contact an experienced criminal defense attorney with offices in New Port Richey, FL, at Sammis Law Firm.
Consider a common fact pattern that presents itself in domestic violence injunction for protection cases in Florida: A couple living in another state are having marital problems. The wife wants to file for divorce. In order to gain an unfair or improper advantage in the divorce case, the wife decides to flee her home state with ...
If you have been served with a petition for an injunction for protection or restraining order filed in the State of Florida, but served on you while you reside out of state, you should contact an experienced attorney to file a motion to dismiss the injunction prior to the hearing.
Under Section 48.193, Florida’s long-arm statute, due process requires “minimum contacts” between the State of Florida and the non-resident Husband “s uch that the maintenance of the suit does not offend ‘traditional notions of fair play and substantial justice.'” Venetian Salami Co. v. Parthenais, 554 So.2d 499, 502 (Florida 1989).
In order to gain an unfair or improper advantage in the divorce case , the wife decides to flee her home state with the children and relocates to the State of Florida. When the husband is finally able to locate his wife and children in the State of Florida, the wife has a problem.
The Court in Florida may decline to exercise jurisdiction in a case for a protective order (restraining order) for protection against domestic violence filed OBO or “On Behalf Of” the children when a divorce is currently pending in the home state.
Stalking Restraining Order. Florida Statute 784.0485 creates a cause of action for an injunction for protection against stalking; The term “stalking” is defined in Florida Statute 784.048; The cause of action for an injunction for protection against stalking also includes cyberstalking.
A temporary restraining order is also known as an ex-parte restraining order.
The first step in getting an injunction is to file a Petition. The “Petitioner” is the individual requesting the injunction and the “Respondent” is who the injunction would be against. The Petition for Protection is simply the allegations. Domestic violence restraining orders are given a priority and are usually reviewed by a judge within a couple of hours. The judge only reviews the petition for the legal sufficiency of the allegations. Essentially, this means the judge assumes that everything in the petition is true. The court will issue a temporary injunction if the allegations would be grounds to issue a final injunction. A temporary restraining order is also known as an ex-parte restraining order. The court does not make an effort to determine whether the allegations are true at this stage. A return hearing must be scheduled within 15 days in order to comply with the Respondent’s right to due process.
Domestic violence restraining orders are given a priority and are usually reviewed by a judge within a couple of hours. The judge only reviews the petition for the legal sufficiency of the allegations. Essentially, this means the judge assumes that everything in the petition is true.
Alternatively, the Petitioner can allege that he or she is in imminent danger of becoming a victim of domestic violence; The Petitioner only needs to allege one (1) act of domestic violence or explain why he or she is in imminent danger of becoming a victim of domestic violence;
Florida Statute 784.046 creates a cause of action for repeat violence injunctions; A Petition for Protection Against Repeat Violence is used when the Respondent is not a family member. Common examples are co-workers, roommates, schoolmates and neighbors; Florida Statute 784.046 (1) (b) defines repeat violence as as “two incidents ...
Florida Statute 784.046 creates a cause of action for a Petition for Protection Against Sexual Violence; Sexual Violence is defined by Florida Statute 784.046 (1) (c) as “any one incident of Sexual battery, as defined in chapter 794;
Overall, injunctions are civil orders that serve the purpose of protecting a person from harm. The type of injunction sought will be dependent upon the underlying alleged conduct. If a person feels that his or her safety is at risk, this person can file a petition in civil court seeking an injunction. This person, called the “Petitioner,” must allege facts that demonstrate to a court that without an injunction, the petitioner will be at risk of suffering harm.
Whether the injunction issued by a Tampa judge is for domestic violence, dating violence, repeat violence, stalking, or sexual violence, a respondent who violates the injunction – in any way – faces criminal penalties. Even without the threat of criminal penalties, injunctions severely limit a person’s legal rights as identified above. If a respondent comes into close contact with a petitioner in violation of a Tampa injunction, that respondent may face criminal charges, which could be minor or very serious depending on what portion of the injunction was violated. If a violation is willful, a respondent may face felony criminal charges, which could lead to substantial jail time if convicted. As such, it cannot be stressed enough how important it is for respondents to find the best attorney possible for the job. When legal rights are on the line, there is no room for compromising with an inexperienced or unqualified attorney.
Injunctions can lead to permanent and devastating consequences for a person in Tampa, Florida. While the injunction process is a civil matter, the aftermath of an injunction can feel much like a criminal matter. If you have been served with a temporary injunction, you must act quickly to speak with a Tampa Injunction Defense Lawyer. At Musca Law, our award-winning Tampa Criminal Defense Lawyers have successfully helped other clients overcome the injunction process. To find out how Musca Law may be able to help you or a loved one, contact our office today by calling (888) 484-5057. We are available 24/7 to provide you with the guidance and legal advice you need to move forward.
A person who is the victim of such violence can seek a repeat violence injunction in Tampa. A judge may grant the injunction, at least on a temporary basis, if one of the acts of violence or stalking occurred within six (6) months before the date a petition for repeat violence injunction is filed.
Under Florida law, any person can file a petition seeking an injunction. However, anyone seeking an injunction must file a petition using a court-approved form. The form provides options for the type of injunction being sought. The form also requests that the petitioner provide details of the underlying conduct to demonstrate to a judge that the petitioner will not be safe without the injunction.
If a person (known in the case as "the petitioner") asks a court to issue a restraining order against you because of alleged domestic violence or other domestic conflict, you are entitled to be notified of the request, to have a court hearing, and to defend yourself. (Temporary orders are an exception; see the explanation below.)
Courts have the authority to issue restraining orders (also referred to as orders of protection) that require a person to stop certain behavior, such as contacting or abusing the person who requests the order. Most restraining orders are issued in connection with domestic violence or conflict in intimate or family relationships, ...
If you violate a temporary restraining order, the petitioner can bring that up in the hearing or even file a motion alleging a violation of the order, making it even harder for you to defend against the request for a permanent order. If you and the petitioner have children together, the temporary restraining order may tell you not ...
A temporary restraining order in a domestic violence situation can restrict contact with the petitioner, as well as child visitation. A hearing for a permanent order usually follows soon. It's essential to obey the temporary order and obtain legal counsel
If the petitioner accuses you of calling or texting repeatedly, your phone records might show otherwise.
These hearings, to which the respondent receives notice, are usually set quickly, so you may have only a week or ten days to make decisions and prepare for the hearing.
Once a restraining order is entered, you can be charged with a crime if the protected party accuses you of violating the order. If a permanent order is issued, you will be prohibited from possessing a firearm while the order is in effect, and the order will show up on background checks.