Call us to schedule a time to talk with the attorneys in the office or over the phone.
Office: 813.250.0500 Fax: 813.276.1600
If you were served with a petition for a protective order then you are not alone. In 2017, for example, approximately 6,600 applications for domestic violence restraining orders were processed at the Clerk of Court at the George Edgecomb Courthouse in downtown Tampa.
If you want to contest the allegations after being served with the petition, then you have come to the right place. The attorneys at the Sammis Law Firm only represent "respondents." We represent the respondent in a variety of protective order cases including domestic violence, repeat violence, dating violence, stalking or cyberstalking.
We also represent clients for the newest types of injunctions for exploitation of the elderly and risk protection orders.
Injunctions are serious matters that show up in even the most basic background checks by potential employers, landlords, educational institutions, organization, or even youth sports leagues.
To find out whether a petition for a protective order or injunction is pending against you in Hillsborough County, FL, then search the HOVER website.
The attorneys at Sammis Law Firm, P.A., fight cases throughout the greater Tampa Bay area including Hillsborough County, and the surrounding counties including Pasco County, Hernando County, Pinellas County and Polk County, FL.
We aggressively fight to protect our clients from the serious consequences of these protective restraining orders. In many of these cases, the petition contains false or exaggerated accusations. In other cases, the accusations are just not sufficient to want an injunction being granted.
With offices are located in downtown Tampa just a few blocks from the courthouse, we represent both men and women in Tampa or Plant City in Hillsborough County, FL. We also have a second office in New Port Richey which is conveniently located across from the courthouse.
We represent clients throughout the greater Tampa Bay area including New Port Richey and Dade City in Pasco County, St. Petersburg and Clearwater in Pinellas County, Brooksville in Hernando County and Bartow and Winter Haven in Polk County, FL.
Call (813) 250-0500 today.
In Hillsborough County, FL, petitions for protection against violence are heard by one of four judges. The injunction hearings in Hillsborough County take place at either the Tampa or the Plant City courthouse.
The Judges who currently hear injunction cases in Hillsborough County include:
The attorneys at the Sammis Law Firm have appeared in front of each of these judges numerous times for hearings. Let us put our experience to work for you as we fight to make sure that your rights are protected at every stage of the case.
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. We can help you avoid getting ambushed.
In most cases, we take the following actions in a restraining order case so that we are prepared for the return hearing:
Domestic violence injunctions are serious matters with serious consequences that can last a lifetime including:
Contact an experienced attorney in Tampa that handles injunction of protection against domestic violence or repeat violence. We also represent clients charged with domestic violence / battery.
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.
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 first decides whether it will grant a 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 court will sign an order setting a hearing on the petition for injunction for protection without the issuance of an interim temporary injunction.
The reasons the court might deny a petition for injunction for protection against domestic violence, repeat violence, dating violence, sexual violence or stalking if the Petitioner fails to comply with one or more statutory requirements applicable to the petition, including:
Therefore, in these cases, there is not a sufficient factual basis upon which upon which the court can enter a Temporary Injunction for Protection, prior to the hearing.
After the court schedules the hearing on the petition, the petitioner is generally permitted to amend or supplement the petition at any time to state further reasons why a temporary injunction should be ordered.
In most cases, however, the allegations are sufficient to issue the ex parte interim temporary injunction. Even if the temporary injunction for protection is not issued pending the hearing schedules, an injunction CAN be entered after the hearing depending on the findings made by the Court at that time.
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 interim temporary restraining order (if any) is continued. At the final hearing, the Respondent's attorney can cross-examine the petitioner and present other testimony and evidence.
These hearings are governed by the Florida Family Law Rules of Procedure apply to domestic, repeat, dating, and sexual violence, and stalking proceedings. See Rule 12.010(a)(1).
The attorney representing the respondent is allowed to engage in pre-trial discovery including:
The petitioner is not required, however, to the mandatory disclosure ruled required in other types of family law cases under Florida Family Law Rule of Procedure 12.285.
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 Facility
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 protective orders from violence hearings in Plant City, FL.
If a final injunction for protection is granted against you in Florida, serious consequences can result including the following:
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:
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.
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.
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.
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.
The Petition for Injunction for Protection against Stalking requires the Petitioner to disclose any reasons why the Petitioner believes he or she is a victim of Stalking including whether:
In the petition, the Petitioner is also instructed to give a description of the specific incidents of stalking or cyberstalking.
For cyberstalking the Petitioner is instructed to include a description of all evidence of contacts and/or threats made by Respondent in voice messages, texts, emails, or other electronic communications.
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 restraining 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.
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:
The restraining order under Florida law will stay in effect until it expires, or is dismissed or modified by the court.
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 an 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.
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 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, 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 restraining 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 restraining 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.
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.
Read more about defenses related to a lack of jurisdiction after being served with a petition for a domestic violence injunction. We represent clients in Plant City, FL. We also represent clients in Pinellas County, Pasco County, and Hernando County, FL.
The Florida Supreme Court in Lopez v. Hall, 233 So. 3d 451, 453–54 (Fla. 2018), recently held that the trial court can award attorney fees to the respondent in protective order cases under Section 57.105. That statute provides the grounds and procedure for obtaining attorney's fees against a party and its attorney for bringing unsupported claims and defenses:
Upon the court's initiative or motion of any party, the court shall award a reasonable attorney's fee, including prejudgment interest, to be paid to the prevailing party in equal amounts by the losing party and the losing party's attorney on any claim or defense at any time during a civil proceeding or action in which the court finds that the losing party or the losing party's attorney knew or should have known that a claim or defense when initially presented to the court or at any time before trial:
§ 57.105(1), Fla. Stat. (2013).
Section 57.105(4) provides:
“A motion by a party seeking sanctions under this section must be served but may not be filed with or presented to the court unless, within 21 days after service of the motion, the challenged paper, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected.”
The statutory language unambiguously states that it applies to “any claim or defense at any time” during any “civil proceeding or action” where a party or its attorney “knew or should have known” that they pursued baseless claims or defenses. The statute's plain language makes clear that it supplies a way to sanction a party and its attorney in civil actions for baseless claims or defenses and that it applies to civil proceedings or actions, without exception.
Although the Florida Supreme Court in Lopez v. Hall noted that section 784.046 included no mention of attorney's fees and costs, the court also noted that it did not purport to prohibit an award pursuant to section 57.105. For this reason, the court concluded that because section 57.105's language plainly states that its provisions apply to civil proceedings or actions, and a proceeding under section 784.046 is a civil proceeding, section 57.105 may be applied to section 784.046 actions where all other requirements of section 57.105 are met.
In many of these cases, practical problems may occur in certain circumstances when parties attempt to apply section 57.105 to actions under section 784.046. For example, Section 57.105 provides a notice requirement, which gives parties and their attorneys a 21–day time period after receipt of service of a section 57.105 motion to withdraw or correct a baseless claim or defense before the motion can be filed with the court. Although, the court can raise the issue on its own motion.
If you are the respondent, and false allegations are made against you, then you should consider whether you are entitled to attorney fees when you prevail on the merits of the case.
A claim for fees under §57.105(1) must be brought in the original action. It cannot be brought in an independent claim. You must show that you complied with the statutory prerequisites such that the claim could be considered by the court. See §57.105(4), Fla. Stat.
Under §57.105(4), a motion by a party seeking sanctions under this section must be served but may not be filed with or presented to the court unless, within 21 days after service of the motion, the challenged paper, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected.
This motion provides notice to _______ that respondent, _________, through counsel, intents to reasonable attorney’s fee and costs incurred to defend this action because _________ and their attorney knew or should have known that a claim or defense when initially presented to the court or at any time before trial:
__________________ is hereby put on notice that it intends to seek attorney fees and costs for its efforts in defending this action unless within 21 days of service of this motion, ___________ withdraws or voluntarily dismisses the action filed on ______.
Pursuant to Florida Statute Section 57.105(4) this motion is being filed by the party seeking sanctions under this section. This motion is served but not filed or presented to the court unless, within 21 days after service of the motion, the challenged paper, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected. Be advised that this notice is supplemental to other sanctions or remedies available under law or under court rules.
Furthermore, pursuant to F.S. 57.105(4), the respondent intends to show that the action taken by _________, including the filing of the _________, was taken primarily for the purpose of unreasonable delay. As such, the respondent will request the court to shall award damages for its reasonable expenses incurred, which may include attorney’s fees, and other loss resulting from the improper delay.
FAQ for Domestic Violence in Hillsborough County - Visit the Clerk of Circuit Court for Hillsborough County, FL, to learn more about Frequently Asked Questions (FAQ) for Protection Against Violence cases heard in the courtrooms in Tampa and Plant City, FL. Find information on where to go to obtain an injunction, whether any fees are required, what happens after the petition is filed, procedures to follow after a violation of the injunction, and information on criminal domestic violence charges.
Sample Forms for Domestic Violence Restraining Orders in Hillsborough County, Florida - Visit the Clerk's Office in Hillsborough County to find forms for domestic violence cases including injunctions brochures in English and Spanish. Also find the stalking, repeat violence, domestic violence or dating violence package which are the forms that must be submitted at the downtown Tampa Courthouse or the Plant City Courthouse to initiate the action. Also find the forms for the supplemental petition, motion to dismiss, motion to dissolve, motion to modify, motion to extend, motion for hearing, or motion for telephonic hearing. The sample motions also include the affidavit of violation of the injunction or restraining order for Hillsborough County Injunctions.
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.
We also represent clients for related criminal charges such as domestic violence battery or stalking. We are familiar with the requirements and procedures for the newest type of injunctions - exploitation injunctions and risk protection orders.
Contact an experienced domestic violence protective restraining order attorney to discuss your case today including:
We are experienced in representing clients charged with violent crimes and domestic violence. Call 813-250-0500 to discuss the facts of your case today.
This article was last updated by Jason D. Sammis on Wednesday, July 17, 2018.
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Jason D. SammisTampa native with 15 years experience. University of Florida College of Law Graduate...Read more
Leslie M. SammisFocused on DUI Defense for more than 15 years. Former Assistant Public Defender...Read more
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