Domestic Violence Injunctions

When you are served with a restraining order in the state of Florida, you may be uncertain about how to proceed. For this reason, it is critical to contact a skilled criminal and injunction defense attorney.

Domestic abuse affects millions of people nationwide annually. Because of this, law enforcement agencies respond quickly to any allegations of domestic violence.  While the injunction process is not a criminal case, the basis for obtaining an injunction will usually contain allegations of acts that can be considered a crime. 

Unfortunately, this means that some people face injunctions as the result of false or exaggerated claims. Only in cases where a person is actually in fear of imminent violence are injunctions for protection reasonable and appropriate. 

When Are Injunctions Used?

When someone has previously suffered from violence or is in fear of future violence, injunctions can provide a layer of protection. However, some restraining orders are filed based on misleading or dishonest claims of abuse. 

Some people file false petitions to procure unfair advantage in another legal dispute. For instance, filing a domestic violence restraining order may make the other party look favorable in a dispute involving: 

• Child custody or visitation rights
• Division of marital assets during a divorce
• Child support payments
• Alimony disagreements 

In other circumstances, the party leveling the accusations is motivated by revenge or personal anger. No matter the reason, false claims of domestic violence are never acceptable.  

Can an Injunction Be Overturned?

There are several ways to achieve the overturning of a restraining order injunction, including: 

• The petitioner agrees to dismiss the petition
• The court dismisses the petition due to a lack of evidence
• The court grants early termination of the petition 

If you are the victim of a false charge of domestic violence, do not wait. A skilled attorney can make all the difference in your case.  

Our team members are passionate about justice and believe that anyone facing untrue allegations deserves a powerful defense. Thanks to his legal expertise and specialized knowledge, Alex Mendez recently got injunctions dismissed in three domestic violence injunctions cases. 

To speak with an attorney about addressing false domestic abuse allegations, contact Shrader, Mendez & O’Connell, Attorneys at Law by calling (813) 360-1529.