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“Dating Violence” Injunction Pursuant to 784.046 Defense Attorney in Orlando, FL
Orlando Injunction to Prevent “Dating Violence” Pursuant to 784.046 Defense Attorney
An injunction to prevent dating violence is a powerful court order that can immediately and significantly restrict a person’s freedom, even before any criminal charges are filed. While these injunctions are designed to protect individuals from harm, they are sometimes sought based on misunderstandings, exaggerations, or improper motives. Once an injunction is requested, the situation escalates quickly, and the accused may face serious legal and personal consequences.
If you have been served with a petition for an injunction to prevent dating violence under
Florida Statute § 784.046, it is critical to act promptly. Hanlon Law provides experienced representation to individuals accused of dating violence, and Orlando injunction lawyer Will Hanlon is committed to protecting the rights of the accused.
Understanding Injunctions to Prevent Dating Violence in Orlando, Florida
Florida law allows courts to issue injunctions to prevent dating violence when there is evidence of violence or a credible threat of imminent harm between individuals who have had a romantic or intimate relationship. Dating violence may include acts such as battery, assault, or unlawful physical restraint, even if the accused does not view the relationship as serious or long-term.
Whether a relationship qualifies as a “dating relationship” depends on several statutory factors. Courts consider the length of the relationship, the nature of the emotional or sexual involvement, and whether the interaction between the parties was frequent and ongoing. Casual encounters, brief acquaintances, or purely social or business relationships generally do not meet the legal definition of a dating relationship under the statute.
Who Can Request a Dating Violence Injunction in Orlando?
A person who believes they are a victim of dating violence—or who reasonably fears they are in imminent danger of becoming a victim—may file a sworn petition seeking an injunction. Additionally, a parent or legal guardian may petition on behalf of a minor child who lives with them and is alleged to be a victim of dating violence.
Special rules apply when a parent seeks an injunction against another parent, stepparent, or legal guardian. In those cases, the petitioning parent must show direct knowledge of the alleged violence, such as eyewitness testimony, physical evidence, or sworn affidavits from witnesses. These procedural requirements are strict, and errors in the petition may be grounds for challenging the injunction.
Temporary and Final Dating Violence Injunctions in Orlando, Florida
When a petition is filed, a judge may issue a temporary injunction without hearing from the accused if the court believes there is an immediate and present danger. Temporary injunctions typically remain in effect for up to 15 days, during which time a full hearing is scheduled.
At the final hearing, both parties have the opportunity to present evidence and testimony. If the court grants a permanent injunction, it may impose wide-ranging restrictions, including prohibiting all contact, ordering distance requirements from the petitioner’s home, workplace, vehicle, or school, and restricting access to firearms. These injunctions often remain in effect until modified or dissolved by the court.
Consequences of a Dating Violence Injunction in Orlando, Florida
An injunction to prevent dating violence can affect many areas of your life. Violating any term of the injunction—even unintentionally—can result in arrest and separate criminal charges. Injunctions may also impact child custody matters, employment opportunities, housing, and firearm rights.
Because of these consequences, it is essential to challenge an injunction that is unsupported by the facts or is overly broad in scope. An experienced lawyer can present defenses, cross-examine the petitioner, and argue for dismissal or limitation of the injunction.
Contact Hanlon Law
If you are facing an injunction to prevent dating violence, do not assume the court will automatically hear your side of the story. Early legal intervention can make a significant difference in the outcome of your case.
Will Hanlon has represented individuals accused of domestic and dating violence throughout the Orlando area since 1994. At Hanlon Law, we take allegations seriously and work aggressively to protect our clients’ rights, freedom, and reputation. To schedule a confidential consultation with an experienced Orlando injunction lawyer, contact Hanlon Law today by
phone or fill out our
online contact form.
