Protective Injunction

If someone has filed an injunction for protection against you in any Florida jurisdiction it is extremely important to understand exactly what you are up against, as a violation could lead to a criminal conviction and the possibility of jail time. Benjamin Herbst is an experienced South Florida protective injunction lawyer who has successfully represented respondents in Miami-Dade, Broward and Palm Beach Counties. He also represents clients in Martin and St. Lucie Counties and knows every detail of the law and fights tooth and nail for his clients in order to dismiss or modify injunctions. Violation of a protective injunction is a first-degree misdemeanor under section 784.047 of the state criminal law, and repeat offenders may face third-degree felony charges for a third and subsequent offense. The violation does not have to be committed in the same jurisdiction where the petition was signed, as injunctions are valid in every Florida county. There are many circumstances where a bail review judge can order the defendant to be held without bond, especially in repeat offender cases and for violation of pre-trial conditions. Benjamin will get to work immediately secure release for anyone incarcerated for violating a protective injunction, and he will fight to have the charges dismissed before trial. He will also not hesitate to take on the state at trial, and has won numerous domestic violence cases in court. Contact injunction lawyer Benjamin anytime at (954) 543-0305 to learn how you can fight back against unjust criminal charges.

The detailed law on protective injunctions was designed to safeguard victims of violence, but too often the respondents are treated unfairly and can easily be subjected to unjust incarceration. Judges can sign off on temporary injunctions without objective evidence to support the petition, as all that is required is a sworn statement that alleges incidents of violence or stalking. The law requires the petitioner to include specific facts and circumstances that form the basis upon which relief is sought, but there does not need to be objective evidence to support that these facts actually occurred. If the judge reviewing the petition feels that the alleged victim is in immediate danger, he or she may grant a temporary injunction without an evidentiary hearing. These “ex parte” orders are extremely unfair for respondents who face the possibility of having an injunction against them for up to 15 days without having the chance to fight back in court. It is advisable to contact a Florida injunction lawyer immediately upon learning you may be subject to a court order, as each day under an injunction places the respondent at risk or criminal charges or arrest. Benjamin Herbst is available 7 days a week and on nights and off hours to discuss your case, and can go through all your best options on how to fight back against protective injunctions. He can meet with you at a convenient location throughout the Tri-County area, and has office locations in Miami, Fort Lauderdale and West Palm Beach.

There are three main scenarios under Florida law where a person may petition the court for an injunction for protection against a respondent. The first scenario is when there has been an allegation of repeat violence against a person. Repeat violence is defined as two or more incidents of violence or stalking within the last 6 months of requesting the petition. The violence or stalking does not need to be directed against the petitioner, as actions against an immediate family member gives a person standing to request an injunction (a common scenario is a woman requesting an injunction against her sister’s boyfriend/husband). Benjamin understands the unfair nature of this provision, and will fight to assure the injunction is thrown out in as quickly as possible.

The second scenario is when a victim has suffered sexual violence, which includes sexual battery, lewd and lascivious conduct or any other sex offense. The parent or guardian of a juvenile may petition a judge of the Circuit Court for an injunction of protection by a minor who is alleged to have been sexually abused. These cases are unique and often include allegations that are not supported by more than an accusation. Benjamin understands the complex nature of these cases and has the experienced and dedication to achieve the best possible outcome in the courthouses in Miami, Fort Lauderdale, West Palm, Stuart and Fort Pierce.

Dating violence is perhaps the most common injunction scenario, and is often the scenario where facts are fabricated or enhanced the most. Under the Florida injunction law dating violence is described as violence between two individuals who have had a continuing and significant relationship of romantic or intimate nature within the last 6 months. Friendly relationships and business relationships do not apply under this provision. Regardless of what type of injunction you are facing, Benjamin has the experience and determination to fight for you in an outside of court. He is a South Florida criminal lawyer who specializes in injunctions, and protects the rights of all defendants facing charges for violation of a protective injunction. He provides all clients with his cell phone number and is always available to provide updates on the progress of the case and to talk strategy. Call Benjamin today and start fighting back against the state.