- January 30, 2025
- Domestic Violence Blog in Tampa | Taracks & Associates
Being served with a domestic violence injunction (DVI) can leave you stunned. You may feel anger and frustration, as well as grief at being at such significant odds with a loved one. A DVI takes immediate effect when you receive one, so you’ll be prevented from contacting the person who filed it. This has the potential to complicate your living arrangements and even affect custody issues. It will also likely leave you wondering what to do if served with DVI orders. At Taracks & Associates, our team of Florida criminal defense lawyers can help you understand what your next steps should be. You shouldn’t navigate this difficult legal issue on your own.
Contact our criminal defense lawyers by calling us at 813-281-2897 for a free case review.
What Is a Domestic Violence Injunction?
Understanding What You Can and Can’t Do
One of the first things our criminal defense lawyers recommend is that you learn a bit about what a DVI is. Most people view these as restraining or protection orders. Florida allows alleged victims of domestic violence or those who have been threatened with domestic violence to file domestic violence injunctions. This order prevents you from coming near the accuser, their home, car, place of employment, and any other locations that the injunction mentions. You are also barred from contacting the person by phone, email, or any other form of writing.
There are two main types of DVIs you can be served with. A temporary injunction, also called an ex parte injunction, lasts for 15 days or until the court hearing. It offers the person who requested it protection until you can both go to court and speak in front of a judge. If the final hearing is delayed, the judge can extend a temporary DVI. The other type of DVI is the final injunction, which the judge issues after the hearing. It can have a set deadline, or it can be permanent. The severity of the accusations will determine how long the judge issues the order for.
Receiving a DVI doesn’t mean that you’ve been criminally charged. Keep in mind, however, that if you violate the order in any manner, you will be charged. That’s the case even if the other party contacts you first.
Our team has worked as leads on hundreds of trials, giving us the experience necessary to represent cases of all types in Florida.
What to Do if Served With Domestic Violence Injunction
The moment you’re served with a DVI, there are a few things you need to do. Here’s a breakdown of your next steps.
Contact an Attorney
If you’ve been served with a DVI, the first thing to do is to contact a domestic violence defense lawyer. Your lawyer will assess your case and offer specific guidance. Florida has very strict and complex domestic violence laws in place that put you at serious risk of criminal charges even if you unknowingly make an error. You can face anything from a first-degree misdemeanor to a third-degree felony charge, depending on the exact violation you’re accused of. If you suspect that you’ll be served with an injunction, it can be a good idea to hire an attorney right away. Doing so even before you’re served could give you the chance to address the DVI correctly from the start.
Avoid Contact With the Petitioner
It’s essential that you do not contact the person who filed for the injunction. No matter how insignificant you think the contact may be, such as “liking” a social media post, don’t do it. You should also avoid sending messages to the person via a third party. The petitioner could feel threatened and accuse you of violating the injunction, leading to criminal charges. Sometimes, the other party may try to reach out to you. Remember, you’re the one with the injunction. Don’t respond and avoid them until your hearing.
Don’t Have Firearms in Your Possession
Possession of a firearm or ammunition is forbidden to people who have been subjected to a DVI. If you’re found to be in violation of this law, you could be charged with a first-degree misdemeanor, which may result in up to a year in jail, a $1,000 fine, or both. Because of the serious implications that a conviction for a domestic violence crime can have on your right to own guns, ensure that you pursue legal representation for any charges that the other party is planning to bring against you at the hearing.
Consider Contesting the Injunction
In cases where there are no criminal charges associated with the injunction; it could be a good idea to contest the DVI. At the very least, your lawyer can object to the entry of a final injunction, which would prevent you from ever having contact with the other party. The hearing will take place 15 days after a temporary injunction is granted. During this proceeding, the other party will be able to state why they wanted a DVI. At this time, you can also present your case and offer your side of the story. The petitioner needs to prove that they have been the victim of domestic violence or that they have a reasonable belief that they will be the victim of it.
It will be up to the judge to decide whether they have proven their case by a “preponderance of evidence.” This means that it’s more likely than not that the petitioner was or could be the victim of domestic violence. If the evidence is not available or not sufficient to prove their case, the injunction could be dismissed.
Working With Experienced Criminal Defense Lawyers
Contact Taracks & Associates
If you’ve been served with a DVI in Tampa, it’s essential that you quickly contact experienced attorneys who can guide you through your legal options. At Taracks & Associates, we offer aggressive representation that can help you defend your rights. Don’t wait to hire an experienced and dedicated criminal defense team to fight your corner.
Contact Taracks & Associates today to schedule a free, no-obligation consultation by calling 813-281-2897.