Melbourne, FL Attorneys Work to Combat Domestic Violence
Seeking injunctive relief for victims, providing aggressive defense for those wrongly restrained
Florida law allows a resident who feels threatened by a known individual to obtain a court order restraining that person from making contact. Tucker Mitnik, P.A. helps victims of domestic violence, stalking and other crimes get timely orders that provide a measure of security. However, an order that’s meant to be a shield can easily become a sword when a person makes false accusations, labeling an innocent person an abuser. Therefore, we also provide vigorous defense for the targets of restraining orders. No matter which side you’re on, you can rely on Tucker Mitnik for thorough representation that asserts your rights.
Protective injunctions available under Florida law
Florida recognizes four categories of protective orders. A filer should consult with an attorney to determine which order is most appropriate for his/her situation; the court will not approve an order that does not match the facts you allege in your filing.
- Domestic violence — The petitioner seeks protection from a spouse, ex-spouse, blood relative, in-law, or individual with whom the petitioner has cohabitated or with whom the petitioner has a child in common. The petitioner alleges that violence or stalking has occurred or states grounds for a reasonable belief that violence is imminent. This injunction can be used to remove an abusive spouse from a residence prior to or during divorce proceedings.
- Repeat violence — The petitioner alleges that two acts of violence or two occasions of stalking have occurred, including one within the past six months, involving a person with whom the petitioner has not been in a domestic or dating relationship.
- Sexual violence — The petitioner seeks to restrain a sex offender while cooperating with law enforcement in a criminal investigation or proceeding or in anticipation of a sex offender being released from prison for an offense such as sexual battery, a lewd or lascivious act committed upon or in the presence of a person younger than 16, luring or enticing a child, sexual performance by a child, or a felony during which a violent sexual act was committed or attempted.
- Dating violence — The petitioner alleges that violence or stalking has occurred, or that reasonable cause exists to believe there is imminent danger. The petitioner seeks to restrain an individual with whom a dating relationship existed within the past six months and with whom there was an expectation of affection or sexual involvement. This does not include individuals who have simply socialized or engaged in business.
Restrained persons who violate protective orders face fines and jail time.
Assistance responding to unfounded allegations of abuse
During particularly ugly divorce proceedings, one spouse may allege domestic violence or sexual misconduct against the other spouse to gain leverage in a child custody dispute. Experienced criminal defense attorney Keith A. Mitnik provides aggressive representation that protects an accused person’s reputation. If you are served with a temporary restraining order, you have the chance to confront your accuser before that order becomes final.
Contact Tucker Mitnik for help with injunctive relief for domestic violence in Melbourne, FL
Tucker Mitnik, P.A. has experience with protective orders being used as shields and as swords. We can help you get the protection you need or, when necessary, oppose petitions that do violence to your reputation. To schedule your consultation, call 321.392.5239 or contact our Melbourne office online.