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Domestic Violence Injunction Process Lawyer in Orlando, FL
Orlando Domestic Violence Injunction Process Lawyer
Protecting Your Rights During Injunction Proceedings in Orlando, Florida
A domestic violence injunction, often referred to as a restraining order, is a powerful court order that can immediately and dramatically affect your freedom, your family life, and your future. These injunctions are commonly sought in connection with allegations of domestic violence and can restrict where you live, who you may contact, and how you interact with your children. Violating an injunction can result in additional criminal charges and serious legal consequences.
If you are facing a petition for a domestic violence injunction in Orlando, it is essential to understand the process and your rights. William Hanlon, founder of Hanlon Law, has decades of experience representing individuals accused of domestic violence and defending against injunctions that are unfair, exaggerated, or based on incomplete information.
What Is a Domestic Violence Injunction?
A domestic violence injunction is a court order designed to prevent one person from committing further acts of domestic violence or engaging in certain behaviors toward another. These orders may prohibit contact with the alleged victim, require the respondent to leave a shared residence, restrict firearm possession, and impose conditions related to children, finances, or counseling.
Under Florida Statutes §§
741.2902 and
741.30, a person may seek an injunction if they claim to be a victim of domestic violence or believe they are in imminent danger of becoming one. Once a petition is filed, the court may issue a temporary injunction based solely on the allegations in the petition, often without hearing the accused person’s side of the story.
How Florida Defines Domestic Violence
Florida law defines domestic violence as any criminal offense resulting in physical injury or death committed by one family or household member against another. This definition also applies to individuals in a qualifying dating relationship. Allegations may involve offenses such as assault, battery, aggravated assault or battery, sexual violence, stalking, kidnapping, or false imprisonment.
A petitioner may also claim a reasonable fear of imminent domestic violence. Courts may consider prior incidents, alleged threats, use of weapons, harassment, stalking behavior, injury to pets, or attempts to physically restrain the petitioner. However, injunction petitions often present only one version of events, which may be incomplete, exaggerated, or motivated by unrelated disputes.
Who Can Seek a Domestic Violence Injunction in Orlando?
Any family or household member may petition for a domestic violence injunction. This includes spouses, former spouses, individuals related by blood or marriage, people who live or have lived together as a family, and individuals who share a child together. A petitioner does not need to remain in the shared home to seek protection, nor does a criminal charge need to be filed for an injunction request to proceed.
If a criminal case is pending, the petitioner must disclose that information in the injunction filing. Injunction proceedings often overlap with criminal cases and family law matters, making experienced legal representation especially important.
What Happens During the Injunction Process in Orlando, Florida
At a defendant’s first appearance in a domestic violence case, the court must consider the safety of the alleged victim, any children involved, and the community at large. Judges often err on the side of caution, which may result in strict release conditions or the issuance of an injunction.
If an injunction is entered, the court may order the accused to immediately vacate a shared residence and prohibit any contact with the petitioner. The court will explain the terms of the injunction and emphasize that only a judge—not the parties—can modify or dissolve it. Even if the petitioner invites contact, doing so can result in arrest and additional charges.
Courts may also address temporary child custody, visitation restrictions, child support, retrieval of personal property, mandatory counseling, and enforcement mechanisms through civil or criminal contempt. In some cases, the respondent may be ordered to complete a certified batterers’ intervention program.
Defending Against a Domestic Violence Injunction in Orlando, Florida
An injunction is not automatically granted simply because a petition is filed. You have the right to a hearing and the opportunity to challenge the allegations. With skilled legal representation, it may be possible to prevent a temporary injunction from becoming permanent or to limit its scope.
In some situations, injunction petitions are filed out of anger, retaliation, or to gain leverage in a custody or divorce dispute. An experienced attorney can present evidence, cross-examine the petitioner, and ensure the court hears your side of the story, including mitigating circumstances or inconsistencies in the allegations.
Why Choose Hanlon Law
Domestic violence injunctions can affect nearly every aspect of your life, from where you live to your ability to see your children or possess firearms. William Hanlon has been defending the rights of the accused in Orlando and throughout Central Florida since 1994. He brings extensive courtroom experience, a strong professional reputation, and a commitment to individualized representation in every case.
At Hanlon Law, we take injunction proceedings seriously and work diligently to protect your rights and minimize the long-term impact on your life. If you have been served with a domestic violence injunction or expect one to be filed against you, do not delay in seeking legal guidance. Early intervention by an experienced attorney can significantly affect the outcome of the process.
Contact Hanlon Law today by
phone or
online to schedule a confidential consultation with an Orlando domestic violence injunction process lawyer. We are prepared to stand by your side and advocate for your rights at every stage of the legal proceedings.
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