Attorney for Protective Order Hearings in Tampa
If you were served with a petition for a protective order (often called a "restraining order") and wish to contest the allegations of domestic violence, then you have come to the right place. The attorneys at the Sammis Law Firm only represent respondents who wish to contest the petitions for a protective order against domestic violence, repeat violence, dating violence or stalking.
The attorneys at the Sammis Law Firm are experienced in representing individuals at these hearings. We aggressively fight to protect our clients from the consequences of these serious orders. Our offices are located in Tampa, Hillsborough County, FL.
We represent both men and women in Tampa or Plant City in Hillsborough County, FL. We also represent clients throughout the greater Tampa Bay area including Pasco, Pinellas and Hernando County, Florida.
You May Be Entitled to a Continuance
At the Sammis Law Firm, our attorneys investigate the allegations made by the petitioner. Although these hearings take place on an emergency basis, you are entitled to have an attorney that is completely prepared for the hearing.
In most cases, we take the following actions in a restraining order case so that we are prepared for the return hearing:
- At the upcoming scheduled hearing ("return hearing") we often request a continuance so that we can take the petitioner's deposition, subpoena any relevant witnesses, and investigate the prior difficulties between the parties to show whether the claims are false or exaggerated.
- By requesting a continuance we are able to complete a thorough investigation and prepare for the hearing.
- We then subpoena the witnesses so that we can take their deposition and question those witnesses about the allegations made in the petition.
- We talk with the petitioner's attorney about other ways to address the petitioner's concerns. The protective order is a drastic remedy that should be reserved for only the most serious cases that involve a true threat of violence. Injunctions should not be used to harass the respondent or gain an advantage in a divorce or child custody case.
Avoiding a Lifetime of Serious Consequences
Domestic violence injunctions are serious matters with serious consequences that can last a lifetime including:
- Any restraining order is public record that can be uncovered by employers during the most basic background search which can effect your ability to get a job or get a promotion at your current job.
- That record and the allegations made by the petitioner can never be sealed or expunged even if the judge finds the allegations to be unfounded after a hearing.
- While the injunction is in effect, you lose certain civil rights, including the right to possess a firearm.
- The judge can order you to get a psychological examination and complete any recommended follow-up treatment;
- The judge can order you to attend 26 weeks of classes for the Batterer's Intervention Program;
- The judge can order you to pay child support or spousal support; and
- The judge can order you to have no contact or only supervised contact with your children.
Contact an experienced attorney in Tampa that handles injunction of protection against domestic violence or repeat violence.
We represent clients in Tampa and Plant City in Hillsborough County, Clearwater and St. Petersburg in Pinellas County, New Port Richey and Dade City in Pasco County, and Brooksville in Hernando County, Florida.
The Allegation of Violence in a Petitioner for Protective Order
Any man or woman claiming to be the victim of violence can apply for an injunction for protection against domestic violence or repeat violence (the "restraining order") in Florida. The person filing the petition is called the "petitioner" and the person that is the target of the petition is called the "respondent." The petition can be filed by anyone over the age of eighteen (18) to protect the petitioner and/or the petitioner's children.
The Court's Initial Determination for the Temporary Order
The court first decides whether it will grant an temporary injunction on an ex parte basis (after only considering the petitioner's allegations). The court will then schedule the final hearing for 15 days later. During those fifteen days attempts are made to serve the respondent with a copy of the paperwork.
In many cases, the Respondent's attorney can request a continuance for the return hearing in order to take the Petitioner's deposition and further investigate the allegations. The hearing is then usually rescheduled for 15 days later during which time the temporary restraining order is continued. At the final hearing, the Respondent's attorney can cross-examine the petitioner and present other testimony and evidence.
Injunction for Domestic Violence in Hillsborough County, FL
Hillsborough County has special circuit family law divisions that hear each petition for an injunction against domestic violence or repeat violence in Tampa and Plant City, FL. The Injunction for Protection (IFP) Against Violence Program for Hillsborough County is located at:The George Edgecomb Courthouse Facility800 East Twiggs Street, Rm 101Tampa, Florida, 33601
The petition can be filed at the courthouse on Monday through Friday from 8 a.m. to 6 p.m., and from 7 a.m. to 10 a.m. on Saturday, Sunday and holidays. These protective order hearings are also heard at the courthouse in Plant City, FL. Read more about Violence Injunction Hearings in Plant City, FL.
Other counties throughout Florida, including Pinellas County, Polk County, Hernando County and Pasco County have similar programs for processing the petitions.
The Temporary Loss of Certain Civil Rights
If a final injunction for protection is granted against you in Florida, serious consequences can result including the following:
- The injunction can be enforced in all 50 states;
- You may be required to leave your home, and prevented from seeing your child, or order to pay child support;
- You may not be able to purchase a firearm or other weapon, including ammunition;
- The injunctions can have serious effects on your family law, divorce or child custody case;
- If it is alleged that you violated the order, you can be arrested for violation of a domestic violence injunction or a violation of a repeat violence injunction which is a first degree misdemeanor;
- You could be charged with stalking or aggravted stalking that might carry a "no bond" provision;
- You could be subject to deportation or your application for citizenship would be affected;
- A professional licenses may be affected especially for nurses or health care professionals, law enforcement officers, members of the military, lawyers or law school students, and licensed child care providers;
- Your employment applications may be affected, especially for job that require a background check, or the possession of a firearm;
- Your application for housing may be affected;
- Your admission to universities, colleges, or the military may be affected; and
- Your eligibility for certain scholarships and/or federal grants may be affected.
Federal Law Against Possessing a Firearm or Ammunition after a Protective Order
Federal law, 18 U.S.C.A. Section 922(g)(8-9), prohibits any person from owning, possessing or using a firearm or ammunition under the following circumstances:
- If the man or woman has been been convicted of any misdemeanor act of domestic violence, including domestic assault or domestic battery; or
- If the man or woman is the subject of a court order that does one of the following:
- Was granted after the person received notice and had the chance to participate before the order was granted;
- Provides for some kind of restraint of the individual from stalking, threatening or harassing a domestic relation, or if the order prevents any actions that would place another domestic relation in reasonable fear of bodily injury or harm;
- Provides a finding that the person is a credible threat to the safety of the domestic relation; or
- Prevents the use of physical force against the domestic relation that would reasonable by expected to cause bodily harm.
Back to top
Domestic Violence Restraining Order
A restraining order for domestic violence may be requested by any man or woman who claims to be the victim of domestic violence or who claims to believe that he or she will soon become the victim of domestic violence in Florida.
To qualify as "domestic violence" under Florida law the incidents described in the petition must have occurred between a husband and wife, a former husband and wife, people related by marriage or blood, people who are living together as an intimate couple, or parents who have a child in common. The domestic relationship is usually defined to include gay or lesbian couples who have lived together in an intimate relationship.
Repeat Violence Restraining Order
In order to file a restraining order petition for repeat violence in Florida, a person must claim to have been a victim of two acts of violence or stalking committed by another. At least one of those incidents must have occurred within the last six (6) months. The person filing the petition need not show that the relationship is "romantic" or "domestic." Thus, the motion can be filed by neighbors, co-workers, or former friends.
Under Florida Statute Section 784.046(1)b) and (2)(a), the respondent must have committed two acts of violence or stalking on two separate occasions, one of which must have occurred within the last 6 months. These types of restraining orders are the most prone to abuse and the most likely to be overturned on appeal.
Protective Orders for Dating Violence
Dating violence under Florida law refers to violence between two individuals involved in an intimate or romantic relationship that was significant and continued for some extended period of time within the last six months. Dating violence does not include ordinary relations, whether business or social, between two individuals who did not engage in or have an expectation of engaging in intimate or sexual relations. An order for protection from dating violence is only appropriate when a battery, assault, stalking, kidnapping or false imprisonment allegation is made.
Protective Orders for Sexual Violence
Sexual violence under Florida law refers to at least one incident of sexual battery, or any other forcible felony involving a sexual act or an attempted sexual act regardless of whether the parties were domestically related.
Temporary Orders are Usually Granted
After the person claiming to be the victim of domestic or repeat violence files a petition in Florida, the paperwork is submitted to the judge. If the court grants the request the injunction for protection or retraining order will be granted on a temporary basis until the respondent can be served and appear at a hearing to address the accusations.
The time and date of the hearing will be written on the notice. The sheriff's department will serve you with the injunction for protection or repeat violence restraining order in Hillsborough County, Polk County, Pasco County, or Pinellas County, Florida.
Back to top
Injunction for Protection or Restraining Order Hearing
At the hearing for the restraining order in Floria, the judge will hear testimony from the petitioner and respondent. The judge can grant the restraining order, continue the restraining order hearing, or dismiss the restraining order. The court has broad discretion to fashion a restraining order or domestic violence protective order which can include the following requirements:
- A provision that prevents you from contacting the alleged victim at the alleged victims' home, place of employment, child care facility, school, or other location;
- Provides that you can not go within a certain number of feet of the alleged victim;
- A "no-contact" provision that prevents you from calling, e-mailing, texting, or using a third party to contact the alleged victim; and
- A provision which requires you to pay the petitioner money on a monthly basis as temporary child support;
- A provision which provides for the circumstances and times at which you can visit your child, called a temporary child visitation order.
The restraining order under Florida law will stay in effect until it expires, or is dismissed or modified by the court.
Back to top
False Allegation of Violation of an Injunction for Protection
If an Order for Protection is granted and then violated, the petitioner can file an Affidavit of Violation of Injunction in the Clerk of Court's office where the alleged violation occurred, including Hillsborough County, Polk County, Pasco County, or Pinellas County, FL. A violation can occur if the petitioner alleges that the respondent violated the order by having direct or indirect contact with the petitioner.
The police will be notified and can obtain a warrant to arrest the respondent for violating the Order of Protection. In other cases, the respondent can be ordered to appear for a hearing to answer charges that the Florida Restraining Order was violated.
The State Attorney's Office in Florida will review the Affidavit of Violation of Injunction or Restraining Order to determine whether to file a criminal charge for violation of injunction, which is a first degree misdemeanor punishable by twelve (12) months in the county jail. An additional violation can occur if the petitioner alleges that the respondent intentionally touched or struck the petitioner.
If physical contact is alleged, then the State Attorney's Office can file an additional criminal charge of "Domestic Violence Battery" pursuant to Florida Statute Section 784.03(1)(a), which is a misdemeanor punishable by 12 months in the county jail. Finally, a violation can occur if the respondent does not do something required by the Order for Protection, such as pay child support.
Allegations that you violated a Domestic Violence Order of Protection or Restraining Order are treated seriously by the courts in Hillsborough County, Pinellas County, Polk County, Pasco County, Florida. If it has been alleged that you violated an injunction, contact an experienced Tampa domestic violence attorney.
Back to top
Defense Against False Allegations
We have all read newspaper headlines about horrific acts of domestic violence throughout Florida, including Tampa, St. Petersburg and Clearwater. The domestic violence laws were intended to prevent these terrible acts. When a false allegation is made, however, the consequences can be equally devastating.
When an accusation is made, with or without any independent facts to support those allegations, the court will routinely grant the protective order on a temporary basis pending a hearing. Few of the these requests are denied. According to a 2005 article in the Illinois Bar Journal, restraining orders are unfortunately considered by many as one part of the "gamesmanship of divorce." If a false allegation is made, then evidence must be gathered to carefully refute that allegation. The fact that a permanent injunction is granted is a fact that can be used during a Divorce or Family Law case.
A temporary restraining order or domestic violence order of protection is a serious legal remedy with serious legal consequences. Under Florida Statute Section 741.30(1)(a), once the retraining order has been issued and served the subject of the order may not legally possess a firearm. Losing this important civil right demonstrates just how seriously the legislature treats these kinds of domestic violence issues.
Although men are most frequently the target of a domestic violence protective order, it is becoming more common for women to be the target of these accusations. Women are particularly vulnerable to false accusations made during domestic violence protective order hearings.
When the man is the target, it is all too common that a wife or girlfriend will want to end a relationship with the father of her children or resolve financial disputes. By making a false allegation of abuse or fear of domestic violence, the mother can accomplish many things, including having the father removed from the home and preventing the father from seeing the children. The temporary retraining order can be granted after the court reviews only the application made by the person who alleges the incident occurred.
The other side does not have an opportunity to respond until a full hearing can be held. Once you are served with a copy of the restraining order by the sheriff's department, you must act quickly. At the hearing, the court may hear testimony from both sides, and consider other evidence that is presented. The court can decide to continue the restraining order or dismiss it.
Sometimes called the "poor man's divorce court," the temporary domestic violence requests and hearings can be prone to abuse. Only by hiring an experienced attorney can the respondent defend against false accusations often motivated by a desire to gain an advantage in a future family court hearing. Especially when children are involved, it is important to protect all of your rights so that the best outcome for you and your family can be achieved.
Back to top
If the order has already been granted can it later be dismissed or modified?
Another common scenario occurs when a temporary or permanent restraining order is granted, and then the person who applied for the restraining order (the petitioner) wants to reconcile or get back together with the person subject to the order (the respondent).
The restraining order is in effect until it is dismissed by the court, regardless of what the petitioner tells you. If the petitioner desires to have the restraining order dismissed, the petitioner must appear in the Clerk's office and complete certain paperwork. Even after the paperwork is completed, the order remains in full force and effect until it is dismissed by the court.
The court may set the case for a hearing before deciding whether to dismiss the order. You should never discuss with the petitioner your desire to have the restraining order modified or dismissed because doing so could result in a violation of the order or additional criminal charges. You are not allowed to have anyone contact the petitioner, other than through your attorney under certain circumstances, for any purpose unless provided for in the order itself. If a modification of the order is appropriate, you can file a motion to modify the order.
Back to top
What if the Petitioner alleges that I violated the temporary or final order for protection?
If the Petitoner alleges that you violated the temporary or final order for protection against domestic violence, repeat violence, dating violence or stalking violence then several different things might happen.
First, an officer might investigate the allegations and arrest you for the criminal offense of violation of the order of protection.
Second, the officer might turn the case over to a prosecutor with the State Attorney's Office to determine whether charges should be filed directly by the State Attorney's Office (often called the "direct file").
Third, the prosecutor might review the affidavit for Violation of Injunction and deter any further action to the Court that issued the civil protective order.
Fourth, the judge that issued the temporary or final civil protective order might review the affidavit for Violation of Injunction and issue an Order to Show Cause.
What is an Order to Show Cause for Indirect Criminal Contempt of Court under Rule 3.840?
If the Court is presented with an affidavit for Violation of Injunction from the petitioner or another witness, that alleges that the Respondent / Defendant violated the terms of the civil protective order, then the Court might decide to issue an order to show cause for indirect criminal contempt pursuant to Rule 3.840.
The Order to Show Cause will direct the Respondent to appear in court on a certain day at a certain time and in a certain place. At that time, the Court will consider the sworn testimony of the Petitioner or other witness, to determine if a violation of the Court's Order is established.
If so, then the Respondent/Defendant will be arraigned and then and there show cause why he should not be held in and punished for indirect criminal contempt of Court, pursuant to Rule 3.840, Florida Rules of Criminal Procedure, for a willful failure to comply with the terms of the above Order. Such punishment, if imposed, may include a fine and/or incarceration.
Finding an Attorney for the Order for Protection Hearing
If you were served with a petition for a protective order against domestic violence, dating violence, repeat violence or stalking, then contact an experienced attorney. The attorneys at the Sammis Law Firm focus on representing respondents during these hearings.
Whether your case will be heard in Plant City, or Tampa for Hillsborough County, St. Petersburg in Pinellas County, New Port Richey or Dade City in Pasco County, or Bartow in Polk County, Florida contact an experienced domestic violence protective / restraining order attorney to discuss your case today Call 813-250-0500 to discuss the facts of your case today.