Orlando Domestic Violence Lawyer Mike Mackhanlall
Orlando attorney Mike Mackhanlall has extensive experience dealing with family law injunctions. He has filed petitions on behalf of women and men alike, and has also defended against injunctions to get to complete dismissal. The trend in Florida is that judges are issuing a lot more temporary injunctions for stalking. An experienced attorney is of the utmost importance, because as soon as a temporary or permanent injunction is entered against you, your concealed weapons license will be suspended, and you will be FORCED to give up all of your firearms and Second Amendment rights.
Types of Family Law Injunctions
FLORIDA LAW SEPARATES INJUNCTIONS FOR PROTECTION INTO FIVE CATEGORIES: Domestic, Stalking, Repeat, Sexual and Dating. When determining the type of Injunction for which you need to file it is very important that youread over all of the requirements for each type; choosing the incorrect type may cause your Petition to be denied by the Judge.
The types are defined as:
- DOMESTIC VIOLENCE (FS 741.28(2) and (3)): Violence or stalking that has occurred, or that the Petitioner has reasonable cause to believe they are in imminent danger of becoming the victim of, between individuals who are spouses, former spouses, or persons related by blood or marriage who are residing or have resided together as a family, or individuals who are residing together or have resided together as if family, or individuals who have a child in common.
- STALKING VIOLENCE (FS 784.048) and (FS 784.0485): means someone is purposely following or harassing you repeatedly over a period of time for no legitimate purpose, causing you emotional stress. If in doing so, he/she threatens your life or threatens to harm you, with the intent to cause you reasonable fear for your safety, then the act becomes aggravated.
- REPEAT VIOLENCE (FS 784.046(1)(b) and (2)(a)): Two acts of Violence or stalking on two separate occasions, one of which must have been within the past 6 months committed by a person against another person. These types of Injunctions are usually appropriate for neighbor-against-neighbor, coworker-against-coworker, or other types of relationships that are of a non-domestic or non-dating nature.
- SEXUAL VIOLENCE (FS 784.046 (1)(c) and (2)(c)): Any one of the following criteria must be met: (1) You must have reported the incident to law enforcement and be cooperating in any criminal proceedings or (2) The Respondent must have been sentenced to prison and the term expired or is due to expire within 90 days, and any incident of the following: (1) sexual battery (2) a lewd or lascivious act, committed upon or in the presence of a person younger than 16 (3) luring or enticing a child (4) sexual performance by a child or (5) any other forcible felony wherein a sexual act is committed or attempted.
- DATING VIOLENCE (FS 784.046 (1)(d) and (2)(b)): Violence or stalking that has occurred, or that the Petitioner has reasonable cause to believe they are in imminent danger of becoming a victim of, between individuals who (1)have been in a dating relationship within the past 6 months (2) have had an expectation of affection or sexual involvement and (3) have been involved over time and on a continuous basis, excluding individuals who have engaged in ordinary fraternization in a business or social context.