Sexual Violence Injunction Attorneys
Sexual violence injunctions are some of the rarest injunctions we see as practitioners. The reason for this is that any act of sexual violence is not only a battery, but it also a felony criminal offense. As it is a criminal offense, law enforcement is often involved in the case at the outset and the protections of a criminal prosecution offer many of the same protections as a sexual violence injunction.
Florida Injunction Lawyers
Let us first start with what constitutes a sexual violence injunction. The obvious:
- A sexual battery (rape) qualifies, as well a lewd or lascivious act on or in the presence of a person under 16.
- Luring or enticing a child (as defined in Florida Statutes Chapter 787) qualifies, as well as sexual performance by a child (as defined in Florida Statutes Chapter 827).
- Finally, a catch-call of “any other forcible felony wherein a sexual act is committed or attempted”, also qualifies.
While these acts are often followed in short order by criminal charges, a sexual violence injunction does not depend on criminal charges being filed, and if filed, it does not matter if those charges are later reduced or dismissed.
Filing an injunction for sexual violence is traumatic on both the petitioner and respondent. There is essentially no greater allegation, short of murder, that could be lobbied at a person. The courts take such allegations very seriously. From the point of view of the respondent, such allegations can be devastating as these allegations are in the public record and, unlike criminal charges, cannot be sealed or expunged, even if the injunction is later dismissed or denied by the judge.
If you are the petitioner or respondent in a sexual violence injunction, you should contact one of our family law attorneys immediately. There is a high likelihood that your injunction case will also have a related criminal case, making your civil hearing infinitely more complicated. Further, respondents may have a unique opportunity to get a preview of the evidence in a related criminal case. Regardless of whether you are petitioner or respondent, we can help. Call us for a consultation today.