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Repeat Violence Injunctions

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Miami Repeat Violence Injunction Attorney

Repeat violence injunctions are injunctions designed to protect individuals who have been the victims of repeat violence at the hands of another party. Unlike domestic violence injunctions, the other party does not need to be a “family or household member”.  For example, if your girlfriend’s ex-boyfriend has attacked you on numerous occasions, you may be eligible for an Injunction for Protection against Repeat Violence. 

What is an Injunction? 

An injunction is a court order that specifically orders an individual to stay away from another person or the person’s property.  It is also known as a restraining order or a protective order. There are five types of injunctions that a victim of domestic violence is eligible for in the State of Florida. They are:

Each injunction requires different evidence or testimony for a court to grant a permanent injunction.  The burden of proof is always on the party that filed for the injunction, the “Petitioner”.  The person the Petitioner files against is called the “Respondent”. 

After the Petitioner files the injunction, the Judge reviews only the facts in the petition to determine if there is a sufficient basis to grant a temporary injunction.  If the Judge grants a temporary injunction, the case will be set within 15 days for a permanent injunction hearing. 

What is Repeat Violence? 

Under Fla. Stat. 784.046, “repeat violence” means two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner’s immediate family member.

The term “violence” means any 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 by a person against any other person”. 

The term “stalking” refers to engaging in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.

Who Can File a Repeat Violence Injunction?

Any person who is the victim of repeat violence, or an immediate family member of a victim of repeat violence, has standing to file a petition for protection in Circuit Court.

It’s important to note that there must be a minimum of two alleged incidents of violence or stalking to obtain a permanent injunction under this section and one of the incidents of violence or stalking must have occurred within the past 6 months. 

What Happens at a Repeat Violence Injunction Hearing?

At a repeat violence injunction hearing, the Petitioner is required to prove that the Respondent committed two acts of violence or stalking, one of which must have occurred within 6 months of the filing of the petition.  During the hearing, the Petitioner can testify, call witnesses, or submit evidence to the court.  The Respondent, or his or her attorney, will then be given the opportunity to conduct cross-examination of the Petitioner’s witnesses or make objections to the Petitioner’s evidence.

After the Petitioner’s case has concluded, the Respondent can then testify, call witnesses on his or her behalf, or introduce evidence to the court. However, it is crucial to understand that the Respondent also does not have to prove anything since the burden of proof lays with the Petitioner.  In fact, in many cases, it would be a good decision for the Respondent to invoke his or her 5th Amendment right to remain silent if there could be the potential for self-incrimination.  This decision should always be made after consultation with an attorney that has significant experience in criminal defense. 

After conclusion of the Respondent’s case, the Judge will make a decision on whether the Petitioner has proven his or her case and decide whether to grant a permanent injunction.

What are the Consequences of a Repeat Violence Injunction?

If the Judge determines that the Respondent committed two incidents of violence or stalking  against the petitioner or the petitioner’s immediate family member, the Judge will likely grant a permanent injunction.  While a judge has discretion to grant an injunction for any period of time, it is typically granted between one year to indefinitely. 

In addition to ordering no contact with the Petitioner, the Judge can also order a Respondent to complete Florida’s batterer’s intervention program, a drug/alcohol or mental health evaluation followed by any recommended treatment, and/or a parenting class.  A permanent injunction also prevents the Respondent from owning or possessing a firearm while the injunction is active. 

What Happens if I Violate a Repeat Violence Injunction?

Violating a Repeat Violence Injunction can lead to negative consequences including being found in contempt of court, an extension of the injunction, or future criminal charges. 

Do I Need an Attorney for a Repeat Violence Injunction?

You are not required to have an attorney for a repeat violence injunction. You also won’t be provided an attorney for free like you would be if you were facing a criminal case.  However, it is generally in your best interest to retain an experienced criminal defense attorney for repeat violence injunctions.

As stated previously, permanent injunctions have serious consequences including being viewable on your public record, taking away your right to own a firearm, and potential jail time or immigration consequences upon violations of an injunction.

Find an Attorney for Repeat Violence Injunctions in Miami, FL

If you were served with a Repeat Violence Injunction in Miami, FL, or anywhere in Miami-Dade County, contact an experienced criminal defense attorney to evaluate your case. 

Our criminal defense attorney, E.J. Hubbs, has handled all types of domestic violence injunction cases including repeat violence injunctions.  He is also board certified  in criminal trial law which makes him an expert in the field.

At Hubbs Law Firm, we fight to protect clients who are served with any type of injunction, including Repeat Violence Injunctions, in Miami, Doral, North Miami, South Miami, Westchester, Coral Gables, Kendall, Cutler Bay, Pinecrest, Redlands, and anywhere else in Miami-Dade County.

Call us today at (305) 570-4802 to schedule a free initial consultation to discuss your case.

Additional Resources

National Domestic Violence Hotline –  The Domestic Violence Hotline was founded by the Administration on Children, Youth, and Families.  Find information on this hotline and seek domestic violence advice 24 hours a day 7 days a week by phone call, text, or chat.

Miami-Dade County State Attorney’s Office- the Miami-Dade State Attorney’s Office prosecutes individuals who are charged with domestic violence crimes.

Florida Courts - Find information on filing an stalking injunctions in the State of Florida.

Department of Children and Families (DCF) - get domestic violence information from the Department of Children and Families, the Florida agency tasked with protecting children in domestic violence situations. 

Miami-Dade Clerk of Court - find information on filing an injunction for protection against domestic violence in Miami-Dade county. 

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Attorneys E.J. & Erika Hubbs

As professional Miami criminal defense attorneys, we take every case personally give every client the deliberate care it deserves. Our clients become part of our family and we fight relentlessly for their rights. Read more about us to find out how we can help you.

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