We generally think of restraining orders as having something to do with a marriage or romantic relationship that’s gone sour. But we have all kinds of potentially volatile relationships. Dealings with people like co-workers, neighbors, roommates, and employers can also turn into bitter feuds. Sometimes an ex-husband or an old girlfriend has trouble accepting that it’s all over, or a fired employee starts a vendetta against the boss.
It’s not uncommon in these situations for a vindictive person to make false allegations and seek a restraining order against someone just to gain leverage or make trouble – and it can cause a lot of problems. Injunctions are public record and show up on background checks. These records can never be sealed or expunged and can affect you for the rest of your life. Among other things, it can hurt your chances of getting or keeping a job.
The best thing to do is talk to an experienced restraining order attorney. If someone has filed an injunction against you, or if you need to file for a protection order, talk to an Orlando Injunction lawyer at the Rivas Law Firm. Call 407-644-2466 or contact us online for a free consultation.
What is a Repeat Violence Restraining Order?
The law defines violence as “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 person asking for the injunction is the Petitioner, the person doing the alleged violence is the Respondent.) Repeat violence, in a protection order, means “two incidents of violence or stalking, one of which must have been within 6 months of the petition.”
It’s worth noting that in domestic and dating violence protection orders, the Petitioner only has to profess a reasonable fear of imminent violence by the Respondent. But to get a Repeat Violence protection order, the Petitioner has to prove that two incidents of violence have already occurred. Only one incident, no matter how bad, is not enough. Nor is merely annoying or pestering someone. Sending unwanted letters or gifts or making non-threatening phone calls or emails do not constitute violence under the statute. However, there have been cases in which aggressive stalking sufficed.
What Happens When You Get a Repeat Violence Restraining Order?
If you are served with a Repeat Violence Restraining Order, you will be given a notice of a hearing to take place within 15 days. At this hearing, the judge will hear testimony from the Petitioner and then get your side of the story. After listening to both sides, the judge can dismiss it, or grant a permanent restraining order.
You are not required to have a lawyer present for these hearings. But your chances of having the injunction thrown out or altered in your favor are greatly improved when a defense attorney experienced in fighting domestic violence injunctions represents you.
If someone has filed an injunction against you, or if you feel you need a protection order, talk to an Orlando Injunction Attorney at the Rivas Law Firm. Call 407-644-2466 or contact us online, and we’ll help you get through it.