Orlando Repeat Violence Injunction Lawyer

If you have been served with a notice of hearing for an injunction for protection against repeat violence or have a filed a request for an injunction for protection against repeat violence in Orlando, Florida please contact Chris at 407-740-8300 to discuss what options may be available to get the injunction for protection granted or dismissed.

Injunction For Protection Against Repeat Violence

This type of injunction applies if you or a member of your immediate family are a victim of repeat violence.  Repeat violence means that two incidents of violence have been committed against you or a member of your immediate family by another person, one of which must have been within 6 months of filing the request for injunction for protection against repeat violence.

Orlando Injunction For Protection Against Repeat Violence Lawyer Since 1999

Chris has been representing individuals seeking and defending against injunctions for protection against repeat violence since 1999.  Being an Orlando injunction for protection against repeat violence lawyer for so long has given Chris the opportunity to spend a lot of time working with the judges in Orlando that handle injunction for protection against repeat violence cases like yours.  Experience dealing with those judges is important in achieving the best results in your Orlando injunction for protection against repeat violence case.

Different Orlando Injunction For Protection Against Repeat Violence Lawyers Get Different Results

When you have requested or have been served with a request for an injunction for protection against repeat violence in Orlando you need an aggressive, experienced, and knowledgeable lawyer like Chris to represent you.  An injunction for protection against repeat violence can last forever and stay on your record for forever, therefore, it is important to be represented by the right lawyer.  The better prepared you are for your court appearance the more likely it is you will get a favorable outcome.  The best results possible are rarely obtained by just hoping for them.  Get the help you need at Chris S. Boatright, P.A. to get the best results possible.

Temporary Injunction For Protection

If a person requests an injunction for protection against repeat violence and the court finds a basis for that request the person will be given a temporary injunction for protection against repeat violence and the case will be set for a hearing to determine if the injunction for protection against repeat violence should remain in place or be dismissed.

Permanent Injunction For Protection

At the hearing for the injunction for protection against repeat violence a judge can issue an order either granting or denying the injunction for protection against repeat violence.  If the injunction for protection against repeat violence is granted then the judge will also determine the length of time the injunction for protection against repeat violence will remain in place.  If the injunction for protection against repeat violence is granted the judge will also set the conditions of the injunction for protection against repeat violence.  These are things like not being allowed to contact the person, not being allowed to be within 500 feet of the person, not being allowed to be within 500 feet of the residence of the person, not being allowed to be within 500 feet of the place of employment of the person and not being allowed to possess firearms.

Effects Of An Injunction For Protection Against Repeat Violence

As a result of an injunction for protection against repeat violence being place against someone a judge can also require a person to complete anger management counseling in addition to a mental health evaluation and any recommended counseling from that evaluation.  A permanent injunction for protection against domestic violence against a person will prohibit that person from ever possessing a firearm or ammunition.

Violation Of The Conditions Of The Injunction For Protection Against Repeat Violence

If a person violates a condition of the injunction for protection against domestic violence the person can be found in contempt and given a jail sentence.

Injunction For Protection Against Repeat Violence Information

If you or a member of your immediate family are a victim of repeat violence, you can request a protective order prohibiting repeat violence.  Repeat violence means two incidents of violence have been committed against you or a member of your immediate family by another person, one of which must have been within 6 months of requesting an injunction for protection against repeat violence.

Repeat violence includes 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.

The person making the request to the court is called the petitioner.

The person whom the person is asking for protection from is called the respondent.

If the facts contained in your request for an injunction for protection against repeat violence convince the judge that you or a member of your immediate family are a victim of repeat violence and that an immediate and present danger of repeat violence to you or that family exists, the judge will grant you a Temporary Injunction For Protection Against Repeat Violence.

Witness Tampering

A person who knowingly uses intimidation or physical force, or threatens another person, or attempts to do so, or engages in misleading conduct toward another person, or offers pecuniary benefit or gain to another person, with the intent to cause or induce any person to: withhold testimony; testify untruthfully in an official investigation or an official proceeding; be absent from an official proceeding to which such person has been summoned by legal process; violates Florida Statute section 914.22.

Florida Statute 914.21 Definitions.—As used in Florida Statute 914.22914.24, the term:

(1)  “Bodily injury” means:

(a)  A cut, abrasion, bruise, burn, or disfigurement;

(b)  Physical pain;

(c)  Illness;

(d)  Impairment of the function of a bodily member, organ, or mental faculty; or

(e)  Any other injury to the body, no matter how temporary.

(2)  “Misleading conduct” means:

(a)  Knowingly making a false statement;

(b)  Intentionally omitting information from a statement and thereby causing a portion of such statement to be misleading, or intentionally concealing a material fact and thereby creating a false impression by such statement;

(c)  With intent to mislead, knowingly submitting or inviting reliance on a writing or recording that is false, forged, altered, or otherwise lacking in authenticity;

(d)  With intent to mislead, knowingly submitting or inviting reliance on a sample, specimen, map, photograph, boundary mark, or other object that is misleading in a material respect; or

(e)  Knowingly using a trick, scheme, or device with intent to mislead.

(3)  “Official investigation” means any investigation instituted by a law enforcement agency or prosecuting officer of the state or a political subdivision of the state.

(4)  “Official proceeding” means:

(a)  A proceeding before a judge or court or a grand jury;

(b)  A proceeding before the Legislature; or

(c)  A proceeding before a federal agency which is authorized by law.

(5)  “Physical force” means physical action against another and includes confinement.

Florida Statute 914.22 Tampering with or harassing a witness, victim, or informant; penalties.—

(1) A person who knowingly uses intimidation or physical force, or threatens another person, or attempts to do so, or engages in misleading conduct toward another person, or offers pecuniary benefit or gain to another person, with intent to cause or induce any person to:

(a) Withhold testimony, or withhold a record, document, or other object, from an official investigation or official proceeding;

(b) Alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in an official investigation or official proceeding;

(c) Evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official investigation or an official proceeding;

(d) Be absent from an official proceeding to which such person has been summoned by legal process;

(e) Hinder, delay, or prevent the communication to a law enforcement officer or judge of information relating to the commission or possible commission of an offense or a violation of a condition of probation, parole, or release pending a judicial proceeding; or

(f) Testify untruthfully in an official investigation or an official proceeding,

commits the crime of tampering with a witness, victim, or informant.

(2) Tampering with a witness, victim, or informant is a:

(a) Felony of the third degree, punishable as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a misdemeanor.

(b) Felony of the second degree, punishable as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a third degree felony.

(c) Felony of the first degree, punishable as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a second degree felony.

(d) Felony of the first degree, punishable by a term of years not exceeding life or as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a first degree felony or a first degree felony punishable by a term of years not exceeding life.

(e) Life felony, punishable as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a life or capital felony.

(f) Felony of the third degree, punishable as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084, where the offense level of the affected official investigation or official proceeding is indeterminable or where the affected official investigation or official proceeding involves a noncriminal investigation or proceeding.

(3) Whoever intentionally harasses another person and thereby hinders, delays, prevents, or dissuades any person from:

(a) Attending or testifying in an official proceeding or cooperating in an official investigation;

(b) Reporting to a law enforcement officer or judge the commission or possible commission of an offense or a violation of a condition of probation, parole, or release pending a judicial proceeding;

(c) Arresting or seeking the arrest of another person in connection with an offense; or

(d) Causing a criminal prosecution, or a parole or probation revocation proceeding, to be sought or instituted, or from assisting in such prosecution or proceeding;

or attempts to do so, commits the crime of harassing a witness, victim, or informant.

(4) Harassing a witness, victim, or informant is a:

(a) Misdemeanor of the first degree, punishable as provided in Florida Statute 775.082 or Florida Statute 775.083, where the official investigation or official proceeding affected involves the investigation or prosecution of a misdemeanor.

(b) Felony of the third degree, punishable as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a third degree felony.

(c) Felony of the second degree, punishable as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a second degree felony.

(d) Felony of the first degree, punishable as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a first degree felony.

(e) Felony of the first degree, punishable by a term of years not exceeding life or as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a felony of the first degree punishable by a term of years not exceeding life or a prosecution of a life or capital felony.

(f) Felony of the third degree, punishable as provided inFlorida Statute. 775.082, Florida Statute 775.083, or Florida Statute 775.084, where the offense level of the affected official investigation or official proceeding is indeterminable or where the affected official investigation or official proceeding involves a noncriminal investigation or proceeding.

(5) For the purposes of this section:

(a) An official proceeding need not be pending or about to be instituted at the time of the offense; and

(b) The testimony or the record, document, or other object need not be admissible in evidence or free of a claim of privilege.

(6) In a prosecution for an offense under this section, no state of mind need be proved with respect to the circumstance:

(a) That the official proceeding before a judge, court, grand jury, or government agency is before a judge or court of the state, a state or local grand jury, or a state agency; or

(b) That the judge is a judge of the state or that the law enforcement officer is an officer or employee of the state or a person authorized to act for or on behalf of the state or serving the state as an adviser or consultant.

Florida Statute 914.23 Retaliating against a witness, victim, or informant.—A person who knowingly engages in any conduct that causes bodily injury to another person or damages the tangible property of another person, or threatens to do so, with intent to retaliate against any person for:

(1) The attendance of a witness or party at an official proceeding, or for any testimony given or any record, document, or other object produced by a witness in an official proceeding; or

(2) Any information relating to the commission or possible commission of an offense or a violation of a condition of probation, parole, or release pending a judicial proceeding given by a person to a law enforcement officer; or attempts to do so, is guilty of a criminal offense. If the conduct results in bodily injury, such person is guilty of a felony of the second degree, punishable as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084. Otherwise, such person is guilty of a felony of the third degree, punishable as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084.

Injunction For Protection Against Repeat Violence Defenses

Self Defense And The Defense Of Others

A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force.  A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.

(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using or threatening to use defensive force that is intended or likely to cause death or great bodily harm to another if:

(a) The person against whom the defensive force was used or threatened was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and

(b) The person who uses or threatens to use defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

(2) The presumption set forth in subsection (1) does not apply if:

(a) The person against whom the defensive force is used or threatened has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person; or

(b) The person or persons sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used or threatened; or

(c) The person who uses or threatens to use defensive force is engaged in a criminal activity or is using the dwelling, residence, or occupied vehicle to further a criminal activity; or

(d) The person against whom the defensive force is used or threatened is a law enforcement officer, as defined in Florida Statute 943.10(14), who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using or threatening to use force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.

(3) A person who is attacked in his or her dwelling, residence, or vehicle has no duty to retreat and has the right to stand his or her ground and use or threaten to use force, including deadly force, if he or she uses or threatens to use force in accordance with Florida Statute 776.012(1) or (2) or Florida Statute 776.031(1) or (2).

(4) A person who unlawfully and by force enters or attempts to enter a person’s dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.

(5) As used in this section, the term:

(a) “Dwelling” means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night.

(b) “Residence” means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.

(c) “Vehicle” means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.

A person who uses or threatens to use force as permitted in Florida Statute 776.012, Florida Statute 776.013, or Florida Statute 776.031 is justified in such conduct and is immune from criminal prosecution and civil action for the use or threatened use of such force by the person, personal representative, or heirs of the person against whom the force was used or threatened, unless the person against whom force was used or threatened is a law enforcement officer, as defined in Florida Statute 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using or threatening to use force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.  A law enforcement agency may use standard procedures for investigating the use or threatened use of force as described in subsection (1), but the agency may not arrest the person for using or threatening to use force unless it determines that there is probable cause that the force that was used or threatened was unlawful.  The court shall award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).

Use or threatened use of force by aggressor.—The justifications for use or threatened use of force by an aggressor as stated above are not available to a person who:

(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or

(2) Initially provokes the use or threatened use of force against himself or herself, unless:

(a) Such force or threat of force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use or threatened use of force which is likely to cause death or great bodily harm to the assailant; or

(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use or threatened use of force, but the assailant continues or resumes the use or threatened use of force.

Defense Of Property

A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other’s trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force.  A person is justified in using or threatening to use deadly force only if he or she reasonably believes that such conduct is necessary to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.

A person who uses or threatens to use force as permitted in Florida Statute 776.012, Florida Statute 776.013, or Florida Statute 776.031 is justified in such conduct and is immune from criminal prosecution and civil action for the use or threatened use of such force by the person, personal representative, or heirs of the person against whom the force was used or threatened, unless the person against whom force was used or threatened is a law enforcement officer, as defined in Florida Statute 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using or threatening to use force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.  A law enforcement agency may use standard procedures for investigating the use or threatened use of force as described in subsection (1), but the agency may not arrest the person for using or threatening to use force unless it determines that there is probable cause that the force that was used or threatened was unlawful.  The court shall award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).

Use or threatened use of force by aggressor.—The justifications for use or threatened use of force by an aggressor as stated above are not available to a person who:

(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or

(2) Initially provokes the use or threatened use of force against himself or herself, unless:

(a) Such force or threat of force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use or threatened use of force which is likely to cause death or great bodily harm to the assailant; or

(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use or threatened use of force, but the assailant continues or resumes the use or threatened use of force.

Lack Of Injuries

Lack of injuries for conduct which should have normally produced injuries.

Conflicting Details

Conflicting details in an alleged victim’s story about the incident, for instance, alleged victim says the Defendant threw a dinner plate at the alleged victim, that hit the alleged victim and shattered on the tiled kitchen floor, but no dinner place pieces are anywhere to be found, the Defendant allegedly punched a hole in the wall of the bedroom, but there is no hole in the bedroom wall, etc.

Divorce

Divorce and/or child custody and/or child support and/or alimony issues that are reasons for the alleged victim to make up an incident or exaggerate an incident.

False Allegations

False allegations because the alleged victim is actually the one who committed the domestic violence but does not want to go to jail so the alleged victim makes up domestic abuse that never occurred.  False allegations because the alleged victim is being kicked out of the home due to relationship problems such as cheating. False allegations because the Defendant cheated on the alleged victim and the alleged victim wants revenge.  False allegations because the alleged victim owes the Defendant money.

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