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Injunction to Prevent Sexual Violence

Sexual violence is an extreme crime taken very seriously by the state of Florida and across the whole of the United States. But not every accusation of sexual violence in founded. If you’ve been accused of sexual violence, or have been summoned to a hearing for an injunction against sexual violence, it’s vital to seek legal counsel as soon as possible. Contact Hanlon Law today to meet with our seasoned team of sexual violence injunction defense attorneys in Orlando. 


What is an Injunction? 


An injunction is a type of court order, designed to protect victims of violence, stalking, and other abuse. More commonly known as “restraining orders,” injunctions restrict or prohibit certain behaviors for the petitioned party for a specified amount of time. 


Temporary injunctions, for example, may only last for 15 days from the time the order is served to the petitioned. No hearing is required for temporary injunctions (also called ex parte injunctions) to be obtained; instead, the court grants or denies them based solely on the testimony of the petitioner (the person requesting the injunction). To obtain an ex parte injunction, the petitioner must prove that they are in imminent danger of further violence or abuse. If the court does not deem the threat viable, they may deny the injunction. 


Permanent injunctions, on the other hand, can last indefinitely, including up to the life of the petitioned. Before a permanent injunction can be granted, though, the court must hold a hearing at which the petitioned is allowed to defend themselves and contest the order. Temporary injunctions may be continued into permanent injunctions after their duration, or the court may schedule a hearing for a permanent injunction after denying a temporary one. 


The other kind of injunction is a preliminary injunction, which is only granted either in the time leading up to or during the course of a trial. Either party may petition for the injunction, and a hearing must be held before a decision is made. If granted, the preliminary injunction may only ensue for the duration of the trial. The petitioner may request a permanent injunction at that point, or the court may issue one as part of the sentencing. 


What is a Sexual Violence Injunction? 


A sexual violence injunction is just that: an injunction to prevent sexual violence. According to Florida Statute 784.046, sexual violence is any one incident of “sexual battery (as defined in Statute 794), a lewd or lascivious act (as defined in Statute 800) committed upon or in the presence of a person younger than 16 years of age, luring or enticing a child (described in Statute 787), sexual performance by a child (described in Statute 827), and any other forcible felony wherein a sexual act is committed or attempted.”


In order for a sexual violence injunction to be granted, the petitioner must show that the sexual violence incident(s) have been reported to the police. If there is an ongoing investigation, the petitioner must comply with those proceedings, regardless of whether the state attorney ultimately files, dismisses, or reduces the subsequent criminal charges. Sexual violence injunctions may also be granted in situations where the perpetrator has already been sentenced to prison, and their imprisonment has expired or is set to expire within 90 days of filling for the injunction. 


While an adult may file for a sexual violence injunction for themselves, they may also file on behalf of a minor in their care. If the perpetrator is also a legal guardian of the minor, then the petitioning guardian must either:

 

  1. Have directly witnessed the incident
  2. Have direct physical evidence of the incident
  3. Have affidavits from eyewitnesses that corroborate the incident


If the perpetrator is not a legal guardian of the minor, then the petitioning guardian must simply provide reasonable cause to believe sexual violence has occurred or is occurring. 


Sexual Violence Injunction Defense Attorneys Near You


If you’ve been served an injunction to protect against sexual violence, it’s time to talk to a lawyer. Whether it’s a misunderstanding gone horribly wrong or an altercation escalated beyond your control, our team at Hanlon Law can help. With nearly two decades of experience, we’ll work with you to help formulate the best possible defense, and take advantage of every possible opportunity to advocate on your behalf. Don’t take on this fight alone; contact Hanlon Law today to schedule a free consultation.

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