Hernando County Violence Restriction Order Attorney in Brooksville, FL (2023)

Did the police serve you with a domestic violence, repeat violence, or dating violence order in Brooksville, Hernando County, FL? In that case, call a lawyer from Sammis Law Firm to discuss your case.

We represent clients against false and exaggerated allegations of violence in a protection order (often called a "restraining order").

After you have engaged our business, we will normally ask the court for a short adjournment so that the hearing is delayed long enough for us to complete our investigation and obtain statements from all relevant witnesses.

We can often subpoena phone records, police reports and other documents that may support your position that the allegations were false or exaggerated.

Consequences of the Temporary Protection Order

Violence protection orders are civil cases, but they have quasi-criminal consequences, including a ban on your right to own or possess a firearm.

Unfortunately, files cannot be sealed or deleted. The allegations contained in the petition become public record the moment they are filed.

If you are accused of violating the order, you may be criminally charged with violating the order.

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Why was the injunction issued against me?

The provisional injunction can only be granted on the basis of the petitioner's allegations. The request for a precautionary measure must contain allegations by the petitioner that there is an immediate and present risk of violence. These claims must contain specific elements.

After the temporary order is issued, the clerk's office in Brooksville, Hernando County, Florida will forward the application and temporary order to the Sheriff's Office in the county where you reside or can be found. Once you are served, the temporary order will go into effect.

Please read the order carefully. Be sure to follow the letter and spirit of the order. Do not attempt to contact the petitioner for any reason, directly or indirectly through any third party. Ignore any attempts by the petitioner to contact you.

Your attorney may be permitted to contact the petitioner for the purpose of defending and investigating the allegations, but you must follow the letter and spirit of the order at all times for all purposes.

At the final return hearing, the petitioner must come forward as a witness and testify about the allegations. Your attorney will have the opportunity to cross-examine this witness.

In addition, your attorney may call you to testify, present the testimony of other witnesses and/or present other evidence and documents.

What are the different types of protection claims?

different facesProtection Orderare being heard in court in Brooksville, FL, including;

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  • domestic violence protection orders;
  • repeat order to protect against violence;
  • Dating violence protection order.
  • protection order against sexual violence; It is
  • protection against violent pursuit order.

Domestic Violence Protection Orders in Hernando County, FL

Florida Statutes Section 741.30, F.S. authorizes a family or family member who is a victim of domestic violence or has reasonable reason to believe that they are in imminent danger of becoming a victim of any act of domestic violence to file suit. judicial to the district court a petition for insurance measures against domestic violence.

"Domestic violence" is defined by Section 741.28(2) of the Florida Statute to include:

  • any criminal offense that results in the bodily injury or death of a family member or household member by another family member or household member;
  • false imprisonment;
  • rapture;
  • stalking or aggravated stalking;
  • sexual battery;
  • sexual assault;
  • battery or charged battery;
  • assault or aggravated assault.

In accordance with section 741.28(3) of the Florida Statutes, the term "family or household member" is defined to include:

  • spouses or former spouses;
  • persons related by blood or marriage;
  • people who currently live together as a family;
  • people who formerly resided together as a family; It is
  • people who are parents of a child together, regardless of whether they are married.

With the exception of individuals who have a child together, family or household members must currently reside or have previously resided together in the same housing unit.

Repeated Violence Protection Orders in Hernando County, FL

Section 784.046, F.S., provides that a petition for an order for protection against repeated violence may be filed in the district court by a person who is a victim of repeated violence or by the parent or legal guardian of any minor child living in the household.

Section 784.046(1)(b) of the Florida Statutes defines the term "repeated violence" to include:

  • two (2) incidents of violence or harassment by the defendant directed against the petitioner or the petitioner's immediate family; It is
  • at least one (1) of the two (2) incidents of violence or harassment committed by the defendant must have occurred within six (6) months of filing the petition.

Dating Violence Protection Orders in Hernando County, FL

Section 784.046, F.S., provides that a petition for a dating violence protective order may be filed in district court by a person who:

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  • the victim of dating violence and has reasonable reason to believe that he is in imminent danger of becoming a victim of another act of dating violence;
  • a person who has reasonable grounds to believe that he or she is at imminent risk of becoming a victim of dating violence; or
  • the parent or legal guardian of any minor child residing in the household who is seeking a dating violence injunction on behalf of such minor child.

Sexual Assault Protection Orders in Hernando County, FL

Section 784.046, F.S., provides that an action for a sexual violence protection order may be filed in a district court by a person who has been the victim of sexual violence or by a parent or legal guardian of a minor child living in the home and the victim of sexual violence on your own or that of a minor child if:

  • The individual has reported the sexual violence to a law enforcement agency and is cooperating in any criminal proceedings against the defendant, regardless of whether the criminal charges based on the sexual violence were filed, reduced or dismissed by the state attorney. O
  • The defendant who committed sexual violence against the victim or minor child was sentenced to imprisonment in a state prison for sexual violence and the defendant's prison sentence expired or is about to expire within 90 days from the date of submission of the complain the petition.

"Sexual violence" means any incident of sexual assault. lewd or lewd act committed with or in the presence of a person under 16 years of age; seduce or seduce a child. sexual performance by a child or any other violent crime in which a sexual act is committed or attempted, regardless of whether criminal charges based on the incident were filed, reduced or dismissed by the state attorney. Section 784.046(1)(c), F.S.

Stalking Protection Orders in Hernando County, FL

Section 784.0485, F.S., authorizes a persecuted person or the parent or legal guardian of a minor child living in the home and seeking an injunction for protection from stalking on behalf of the minor child to file an injunction petition in the district court of persecution .

Under Section 784.048(2) of the Florida Statutes, the crime of stalking is committed by a person who intentionally, maliciously, and repeatedly follows, harasses, or stalks another person in cyberspace.

For the purposes of precautionary measures to protect against stalking, the crime of stalking includes the crime of online stalking. The term "cyberstalk" is defined in section 784.048(1)(d) of the Florida Statutes, F.S. include:

  • engaging in a course of conduct to communicate or cause words, images or language to be communicated;
    • by or through the use of email or electronic communication;
    • directed at a specific person; O
  • access or attempt to access someone else's Internet-connected online accounts or home electronic systems when:
    • the conduct serves no legitimate purpose;
    • it is without that person's permission; It is
    • causes that person significant emotional distress.

additional resources

Protective Orders in Brooksville, Hernando County– Learn about violent warrants from the Clerk of Circuit Court & Controller in Hernando County, Florida.

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Court Clerk and Auditor
Main Street 20 N
Sala 246
Brooksville, FL 34601
Court Phone: (352) 540-6336
Opening hours: Monday to Friday – 8:00h. - 17:00

Warrants of Violence - Information from the Hernando County Sheriff's Office– Information from the Hernando County Division of the State's Attorney on the protective order, including how to file the petition, what to do after the temporary order is issued, safety tips and more.

Choosing a Lawyer for a Custody Hearing

If you have received a temporary violence protection order, please call an attorney at Sammis Law Firm. Our attorneys represent clients in Hernando County, FL.

During the initial consultation, our attorneys can explain how to win an injunction hearing in Brooksville, FL. If the ban has already been issued, our lawyers can explain the best ways to get the order lifted.

We can help you fight claims and protect your good name.

To call(813) 250-0500today.

This article was last updated on Friday, November 4, 2022.


What is an injunction in Hernando County Florida? ›

An Injunction for Protection Against Domestic Violence may be issued against a spouse or former spouse, a person related by blood or marriage, a person which you are presently living with or have formerly lived with as if a family, or against someone with whom you have a child in common, regardless whether you were ...

What happens if an injunction is not served Florida? ›

You MUST be served in order for the injunction process to move forward. Due process requires that a respondent be served with the injunction papers before the final hearing can take place. If you have not been served, the injunction is technically not enforceable and you cannot violate it.

How far is a restraining order in Florida? ›

Depending on the situation, an injunction may: Restrain the respondent from going to, in or within 500 feet of petitioner's residence, place of employment, place of school, or places you and your family frequent. Provide no contact between the parties, in any manner.

What is a motion for protective order in family law Florida? ›

Motions for Protective Order

If a party or person maintains that responding to the discovery sought will result in potentially abusive action, then the party or person will file a motion for protective order. The Florida Rules of Civil Procedure 1.280 sets forth how a party can move for a protective order.

How much does it cost to file an injunction in Florida? ›

There is no fee for filing a petition for an injunction for protection against domestic violence. You can represent yourself throughout the process of seeking an injunction for protection against domestic violence.

What are the 3 essentials of injunction? ›

Grant of temporary injunction, is governed by three basic principles, i.e. prima facie case; balance of convenience; and irreparable injury, which are required to be considered in a proper perspective in the facts and circumstances of a particular case.

What is the standard of proof for an injunction in Florida? ›

12.610(c)(1)(A) indicates, “For the injunction for protection to be issued ex parte, it must appear to the court that an immediate and present danger of domestic, repeat, or dating violence exists.”

How long does it take for an injunction to be served in Florida? ›

A hearing will be set within 15 days, and the Sheriff's Office will attempt to personally serve the person who the injunction is filed against (the respondent) with the injunction paperwork.

Does an injunction show up on a background check Florida? ›

It will show up on your criminal background check despite the fact that an injunction is a civil proceeding. This means potential employers, landlords, and others can see the injunction. An injunction is enforceable nationwide and not just in the state of Florida.

Do restraining orders show up on background checks in Florida? ›

Strictly speaking, a restraining order will usually not appear on a regular criminal background check. Because the order itself is only a civil matter with potential criminal penalties, it will not appear on a report containing only convictions.

What is the longest time for a restraining order? ›

Once you turn in your request, a judge will decide quickly whether to grant temporary protection. The whole process can take a few weeks to months, depending on how complicated your case is. If the judge grants you a long-term restraining order, it can last up to five years.

Does a restraining order go on your record Florida? ›

Civil restraining orders cannot be expunged because they are civil actions, not criminal. They will therefore remain on your criminal record.

Does a motion for protective order stay discovery in Florida? ›

Upon receipt of a motion for a protective order, the Court may issue a temporary stay of discovery pending resolution of the motion.

Do you have to respond to a motion in Florida? ›

Any party may file a response to a motion; Rule 27(a)(2) governs its contents. The response must be filed within 10 days after service of the motion unless the court shortens or extends the time.

What is limine in court? ›

In the United States, a motion in limine is Latin for a “motion at the start.” Essentially, this is a request that is sent to a judge and can be used in either civil or criminal proceedings. Motion in limines are used on both the state and federal levels in all types of cases.

What are grounds for injunction in Florida? ›

There are four (4) kinds of civil injunction petitions that can be filed with the Clerk of Court in your county: domestic violence, sexual violence, dating violence, and repeat violence.

How do you get an injunction dismissed in Florida? ›

To dissolve a restraining order in Florida, the respondent must prove that the circumstances that granted the injunction no longer exist. If the court considers that the petitioner is no longer in danger, the injunction could be removed. Dissolving a restraining order is up to the judge's discretion.

What is considered harassment in Florida? ›

What is harassment? Harass means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose (Florida State Statute 784.048).

What are the most common injunctions? ›

The three main instances of an injunction are restraining orders, preliminary (temporary) injunctions, and permanent injunctions. Cease and desist orders are a common type of injunction that demands an individual or entity to stop some activity.

What are the four factors for injunctive relief? ›

The party seeking a preliminary injunctive relief must demonstrate: (1) irreparable injury in the absence of such an order; (2) that the threatened injury to the moving party outweighs the harm to the opposing party resulting from the order; (3) that the injunction is not adverse to public interest; and (4) that the ...

What is mandatory injunction? ›

Mandatory injunctions:

If an Injunction forbids or prohibits the commission or continuance of an act like an act of trespass etc. It is known as Prohibitory or Mandatory Injunction.

What is the best evidence rule in Florida? ›

Plainly put, the Best Evidence Rule basically states that instead of introducing other pieces of evidence to show writing, a recording, or a photograph, the Best Evidence Rule asks to actually see the original evidence (i.e. the writing, the recording, the photograph, etc).

What is the best evidence rule in Florida statute? ›

Florida Statutes s. 90.952, 90.953 and 90.954 codify what is called the “best evidence rule.” Except as otherwise provided by statute, an original writing, recording, or photograph is required in order to prove the contents of the writing, recording, or photograph.

What is violation of injunction Florida? ›

Injunction Violations as Crimes

Under Florida law, it is a criminal offense to willfully violate an injunction previously entered by a court pursuant to its statutory authority to protect against domestic violence, repeat violence, sexual violence, dating violence, stalking, and cyberstalking.

What are the elements of a mandatory injunction in Florida? ›

A party seeking an injunction under general Florida case law must demonstrate: 1) irreparable harm; 2) a clear legal right; 3) an inadequate remedy at law; 4) consideration of the public interest.

What is a no contact order Florida? ›

A “no contact” or is a type of restraining order that a court uses before a defendant has a trial. The restraining order prohibits the defendant from initiating direct or indirect contact with an alleged victim. It may be considered restraining order violation if a defendant texts, calls or emails an alleged victim.

How do you write an injunction? ›

Write a short and plain statement of the claim. Do not make legal arguments. State as briefly as possible the facts showing that each plaintiff is entitled to the injunction or other relief sought.

What is the disadvantage of injunction? ›

Injunction – Disadvantages

Aside from specific performance, where a court forces a party to fulfill a contractual obligation, it is more difficult to use an injunction to force another party to do something. Also, parties may have only a limited amount of time to petition the court for an injunction.

What is the new Florida law on background checks? ›

Stat. (2021), public employers cannot deny employment to applicants solely based on a low-level criminal conviction. However, applicants for jobs in the public sector can be denied employment based on felony or first-degree misdemeanor convictions that directly relate to their jobs.

What shows up on a background check in Florida? ›

A standard Florida background check report may include:
  • A full name.
  • Age and date of birth.
  • Aliases.
  • Photographs.
  • Criminal and arrest records.
  • Civil court records.
  • Educational background.
  • Employment history.
Oct 20, 2022

How does Florida restraining order work? ›

In Florida, a restraining order is known as an “injunction for protection”; it is a civil court order restricting individuals who have allegedly committed acts or made threats of violence against the victim.

What is a Clets restraining order? ›

In California, there is something called a CLETs restraining order. CLET stands for “California Law Enforcement Telecommunications System,” which means that law enforcement is made aware of the restraining order, and if a CLETS restraining order is in place, the party cannot be in possession of a firearm.

What is a Clets background check? ›

CLETS stands for the California Law Enforcement Telecommunications System. This is a computer network that provides law enforcement and criminal justice agencies with access to a variety of databases that contain such data as a person's: criminal history, criminal record, and. driving record information.

What is the shortest distance for a restraining order? ›

“Stay away” orders dictate a distance that must be maintained between the affected persons (often about 100 yards, although accommodations can be made).

What is the shortest restraining order? ›

An emergency protective order can last only five business days or seven calendar days (whichever is shorter). An emergency protective order is supposed to give you time to go to court to ask for a domestic violence restraining order, which lasts longer.

Does a temporary restraining order stay on your record in California? ›

If a permanent restraining order is not granted, the temporary order will be removed from your record. However, even if the interim order is no longer active, it may still be accessible in certain situations, such as through more comprehensive background checks or court records.

How do I drop charges against someone in Florida? ›

Victims can file a 'Waiver of Prosecution', stating your wishes for the charges to be dropped. Waiver of Prosecutions are notarized, sworn statements. It is also called a Request Not To Prosecute.

What usually happens at a hearing? ›

What happens at the hearing? The judge will normally want to hear first from the claimant (the person who started the case, or made the application) then the defendant (the per- son disputing it). Seeing a person give evidence helps the judge de- cide whether that person is telling the truth.

What happens at an injunction hearing Florida? ›

The purpose of the hearing is for the judge to decide whether or not to issue a final injunction. The judge decides the time period for the injunctions. If both parties appear and want to proceed, the judge can listen to both parties, witnesses, and review the evidence.

What is the discovery rule in Florida? ›

Parties may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter of the pending action, whether it relates to the claim or defense of the party seeking discovery or the claim or defense of any other party, including the existence, description, nature, custody, condition, and ...

What is motion to quash discovery? ›

What is a motion to quash? A motion to quash asks the court to confirm that you don't have to respond to a discovery request. In this case, the motion asks the court to confirm that you don't have to respond to discovery you received before the deadline for initial disclosures.

How long does defendant have to respond to discovery in Florida? ›

Discovery Served with the Statement of Claim / Complaint If a written discovery request is served upon a Defendant contemporaneously with Plaintiff's complaint, Defendant must serve its responses to the discovery within 45 days of the date of service of Plaintiff's Complaint.

What happens if someone doesn't respond to a motion? ›

If a motion is filed against you and you do not file a written opposition with the court, the judge could grant the other side's motion automatically. That means the other side could get whatever she is asking for in the motion. It also might mean you lose the case, depending on the motion that was filed.

What defenses are waived if not in answer? ›

There are four defenses that may be waived if not made by a Rule 12 motion: Lack of Personal Jurisdiction (Rule 12(b)(2)); Improper Venue (Rule 12(b)(3)); Insufficiency of Process (Rule 12(b)(4)); and Insufficiency of Service of Process (Rule 12(b)(5).)

What is the Rule 1.580 in Florida? ›

Rule 1.580 - WRIT OF POSSESSION (a) Issuance. When a judgment or order is for the delivery of possession of real property, the judgment or order shall direct the clerk to issue a writ of possession. The clerk shall issue the writ forthwith and deliver it to the sheriff for execution.

What is prejudicial evidence? ›

What is Prejudicial Evidence? Evidence that has a tendency to unduly influence the fact-finder to decide a matter on an improper basis. The court may exclude relevant evidence if its probative value is substantially outweighed by its likely prejudicial effect.

What is a Daubert motion? ›

A type of motion which seeks to exclude the presentation of an expert's testimony to a jury.

What is the difference between a motion to suppress evidence and a motion in limine? ›

Exclusion of evidence in a motion to suppress is based on a violation of either the United States or Ohio Constitutions. By contrast, exclusion of evidence in a motion in limine is based on a violation of the Rules of Evidence or a statute.

What is the rule on injunctions in Florida? ›

(1) A temporary injunction may be granted without written or oral notice to the adverse party only if: (A) it appears from the specific facts shown by affidavit or verified pleading that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition; and ...

What is an injunction in Florida? ›

An injunction is a court order against another person who has been physically violent with you and/or has placed you in fear of physical violence. The purpose is to require him or her to stay away from your home, your car, your place of employment, and other places the court finds necessary.

What are the consequences of an injunction Florida? ›

Violation of a final injunction may result in arrest and charge of a first degree misdemeanor for each violation with a maximum sentence of one year under Florida law.

What are the four factors for injunction? ›

To seek a permanent injunction, the plaintiff must pass the four-step test: (1) that the plaintiff has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for the injury; (3) that the remedy in equity is warranted upon consideration of the balance ...

Does an injunction go on your record in Florida? ›

Although an injunction is not a criminal charge, they do have similar consequences. They do go on your record and can easily be found by prospective employers, affect your ability to obtain housing, and more.

What are the different types of injunctions in Florida? ›

The Florida Statutes provide for distinct types of injunctions for protection against the five types of interpersonal violence: domestic, dating, repeat, and sexual violence, and stalking. Injunctions may be temporary or permanent; they may be dissolved, modified, or extended, depending on the circumstances.

What is an example of an injunction? ›

Preliminary and permanent injunctions are issued based on evidence that is presented by a plaintiff in a civil case. An example of a preliminary injunction might be when a married couple owns a business and is going through a divorce. Perhaps there is a dispute as to who owns or controls the business and its assets.

What are the requirements for injunctive relief in Florida? ›

A party seeking an injunction under general Florida case law must demonstrate: 1) irreparable harm; 2) a clear legal right; 3) an inadequate remedy at law; 4) consideration of the public interest.

What are the disadvantages of injunction? ›

Injunction – Disadvantages

Aside from specific performance, where a court forces a party to fulfill a contractual obligation, it is more difficult to use an injunction to force another party to do something. Also, parties may have only a limited amount of time to petition the court for an injunction.

Can you sue a state for injunction? ›

States are protected by the doctrine of sovereign immunity from having to pay damages in most cases. They may only be sued for injunctive relief to prohibit constitutional violations, not afterwards for any damages caused.

What is the statute 741.31 4a in Florida? ›

Florida Statute 741.31 makes the violation of a domestic violence injunction a crime. The injunction cannot be waived by the one who originally obtained it for protection. The violation of the injunction is seen as being serious in the eyes of the court because a violation is the willful disregard of a court order.


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