Experienced Criminal Lawyer Defends Against Injunctions in Florida
Orlando attorney represents people served with restraining orders
Injunctions, also called restraining orders, can have serious effects on your life. An injunction places a barricade between you and the person who obtained it and may also place significant limitations on your freedom. While in many situations they are sought for valid reasons, injunctions are sometimes abused. The Law Offices of Tad A. Yates, P.A., in Orlando, has decades of experience fighting against injunctions and their oftentimes unfair and burdensome effects. If someone has sought a restraining order against you, we stand ready to rise to your defense.
Skilled counsel responds to all types of Florida injunctions
Florida law provides for six types of restraining orders addressed to particular types of violence or threats of harm. Orlando criminal defense attorney Tad Yates has deep experience fighting injunctions ordered in a host of different situations, such as:
- Domestic violence (DV) — A DV injunction can be sought by someone who claims to be a victim of domestic violence or in imminent danger of becoming a victim. In Florida, verbal abuse or threats are not enough to warrant a DV injunction. Also, the petitioner must be related to the alleged perpetrator or live in the same household.
- Dating violence — Dating violence means a physical altercation between two people who have, or have had, a “continuing and significant relationship of a romantic or intimate nature.” This type of injunction can be obtained even when the parties are not living in the same household (unlike a DV injunction).
- Sexual violence — This type of injunction can be issued after the petitioner has reported a sex offense to law enforcement. The petitioner must cooperate with law enforcement in any criminal proceeding involving the allegation.
- Stalking — Stalking occurs when the alleged perpetrator has destroyed the petitioner’s personal property, has a history of violent crimes, has used or threatened to use weapons or has a protective order against him or her in another jurisdiction. There may be other qualifying circumstances that will support a stalking injunction. However, actions like sending unwanted flowers or repeated, non-threatening letters are generally not enough.
- Repeat violence — A petitioner can request a repeat-violence injunction if there have been two separate incidents of violence or stalking, and at least one of the incidents has occurred in the last six months. Florida courts have ruled that the “separate” incidents can be as little as five minutes apart.
- Exploitation of vulnerable adult — An injunction can be ordered to protect a person with an impaired ability to provide for their own care or to perform normal activities of daily life. The judge will examine all relevant factors, including the vulnerable adult’s decision-making ability, whether they have been exploited before and whether the person accused of exploiting them has done so before.
While different facts must be proved to obtain each injunction, the petitioner must in each case demonstrate “competent substantial evidence” that the requisite violence or harm has occurred or is threatened. No matter what type of injunction you’re facing, you are entitled to an opportunity to be heard and to seek appropriate relief. We are ready to hear your side and explain how we can help.
Talk to an experienced defense attorney if you’ve been served with a Florida injunction
The injunction system has its flaws and some people request restraining orders for invalid reasons. You deserve an experienced attorney who will zealously represent you against all accusations. Call the Law Offices of Tad A. Yates, P.A. in Orlando at 407-608-7777 or contact us online to discuss your case.