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One of the important tools in Florida for protecting victims of domestic violence is the protective order. Also known as a restraining order, in the right situation, it can provide much-needed legal protection for a victim of domestic violence or other ongoing abuse. Since any person who believes that he or she is in danger or a victim of domestic violence can file a petition for a protective order, it can also be used as a tool when the charges are exaggerated or false, and/or in charged emotional situations like a divorce.
No matter the situation in which a petition for protective order has been filed by a family or household member of yours against you, if it results in an active injunction it will have serious effects on your life. An experienced Gainesville domestic violence defense attorney can represent you in your Alachua County protective order hearing and fight against a permanent restraining order being filed against you.
If you believe the protective order petitioned against you is due to false or exaggerated allegations, it can be tempting to want to face the court yourself. However, the experienced domestic violence defense lawyers at Galigani Law Firm understand the legal process and the obstacles you may face in a protective order hearing. They can call the necessary witnesses, present evidence, and question the alleged victim in a thorough defense to fight for a favorable outcome.
Dean Galigani is evaluated for professionalism, tested for expertise by the Florida Bar and has decades of experience. With a practice founded on advocacy, compassion, and communication, Dean Galigani and the defense lawyers at firm will work with you on your concerns while fighting relentlessly to protect your rights and future from a domestic violence injunction.
If you have had a petition for a protective order filed against you in Gainesville, Ocala, Lake City, or any of the other areas in the counties of Alachua, Marion, and Columbia, contact Galigani Law Firm. Your first consultation is free, so call (352) 375-0812 today to schedule yours.
Florida's laws concerning the protective order process, including the petition for protection and subsequent protective order hearing, are outlined in Fla. Stat. § 741.30. Generally, the process of a protection order begins when the alleged victim, known as the petitioner, files a Petition for Injunction for Protection Against Domestic Violence.
This petition can be filed for any reason that the petitioner has to believe that violence will imminently occur against them by a family or household member, or that violence has already occurred. The court then determines if a temporary protective order, effective for 15 days, should be granted – a determination based solely on the allegations of the petitioner.
The alleged offender, known as the respondent, then has a statutory right to a protective order hearing at the earliest time possible. When a temporary protective order is in place, the protective order hearing will occur no later than 15 days after it was instated.
At the protective order hearing, the respondent and his or her experienced Gainesville defense lawyer may present the respondent's account of the story, evidence and witnesses favorable to the respondent, cross-examine the evidence and witnesses of the petitioner, and perform any other demonstration explaining why the protective order in question should not be granted. The judge will then weigh both sides of the story and either deny the protective order or issue it.
A judge can decide to issue a protective order and the related injunctions if he or she finds reasonable cause that the petitioner is at risk of danger for any reason. This could include indications of harassment or assault by the respondent, past violence of the respondent against any other family or household member, or evidence of the respondent destroying the property of the petitioner. If the judge issues the restraining order, you could have any of the following or other injunctions placed against you:
Once issued and made final, a protective order remains in effect until it has been legally modified or dissolved, and follows you wherever you go in Florida or the rest of the United States. As a public record, a protective order in Alachua County can show up on your background check when performed for things like applying for jobs, a residence, or credit and thus negatively impact your future due to the social stigma attached to domestic violence allegations.
Additionally, if you violate one or more of the injunctions listed in your restraining order, you can immediately be arrested and potentially charged with a crime. This arrest and charge will also show up on your record, further affecting your future. The representation of an experienced domestic violence defense lawyer serving Alachua County at your protective order hearing could be the difference between the injunctions being denied and having a restraining order on your record.
If you have been notified of a pending protective order against you in Alachua County, Marion County, or Columbia County, including Gainesville, Ocala, and Lake City, contact the experienced defense attorneys for domestic violence in Gainesville at Galigani Law Firm. They will fight to protect your future and your rights from stringent injunctions. To schedule your free consultation with Galigani Law Firm, call (352) 375-0812 today.
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