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:

• Repeat Violence Injunctions
• Domestic Violence Injunctions 
• Stalking Injunctions 
• Sexual Violence Injunctions 
• Dating Violence Injunctions 

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 5^th 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.