Tampa Domestic Violence Lawyer
Many Florida residents are familiar with family courts handling matters like child support, divorce, and adoptions. However, not everyone realizes that these courts also deal with domestic violence cases. Victims who fear for their safety or that of a child can request an injunction, commonly known as a restraining order, to stop the abuser from contacting them. This legal process usually involves a hearing, which can be emotionally overwhelming. To protect your rights and ensure the best possible outcome, you should seek assistance from a qualified Tampa domestic violence lawyer.
What Is an Injunction for Protection?
An Injunction for Protection, or restraining order, is a legal order from a judge that stops one person from contacting another. This usually means no contact in person, by phone, email, letter, or text message. A judge may modify these terms depending on the situation. Injunctions are filed in civil court, so the petitioner (the person requesting the order) is responsible for filing and maintaining the case. A Tampa restraining order lawyer can guide you through this process and ensure everything is handled correctly.
Under Florida domestic violence laws, several types of civil injunctions are available depending on the relationship between the petitioner and the accused. Suppose the person accused of domestic violence is a family or household member, such as a spouse, ex-spouse, relative, romantic partner, or the parent of a shared child. In that case, the petitioner can file for a domestic violence injunction. In cases where the accused is a family member (excluding those with shared children), the two parties must have lived together at some point.
A skilled domestic violence attorney Tampa can help victims file the right type of injunction based on the circumstances and relationship with the aggressor. Injunctions provide protection for victims, ensuring that their abuser is legally prohibited from contacting them.
Domestic Violence Hearing
Once the petitioner files for an injunction, a judge will review the request, typically within 24 hours. If the judge grants the injunction, it is usually temporary and will be followed by a hearing within 15 days. At the hearing, both sides present their evidence, which can include:
- Witness testimony
- Previous court orders
- Property titles or deeds
- Photos or videos of the assault or injuries
- Police reports
- Phone records
- 911 call recordings
- Financial documents like bank statements or pay stubs
The judge will review all the evidence before deciding. If the case is strong, the judge will issue a final injunction. This order could include several rulings, such as determining who gets to stay in the home, setting up child support or a parenting plan, requiring the respondent to attend counseling, or prohibiting future contact. Some final injunctions have a time limit, while others remain in place indefinitely. Working with a Tampa domestic violence lawyer ensures that your rights and interests are fully protected during this important process.
Call Today for Help with Your Case
If you’re facing domestic violence and have already contacted the police, the next step is to speak with an experienced Tampa domestic violence lawyer. The attorneys at The Pawlowski//Mastrilli Law Group are here to help. We understand how stressful this process can be and are committed to protecting your rights. Call us today at 813-242-4404 for a consultation and legal guidance on obtaining an Injunction for Protection Tampa.