The state attorney shall determine within 30 working days whether its office will proceed to file criminal charges, or prepare a motion for an order to show cause as to why the respondent should not be held in criminal contempt, or prepare both as alternative findings, or file notice that the case remains under investigation or is pending subject to some other action. If the court has knowledge, based on its familiarity with the case, that the petitioner, the children of the petitioner, or another person is in immediate danger if the court fails to act prior to the decision of the state attorney to prosecute, it should immediately issue an order of appointment of the state attorney to file a motion for an order to show cause as to why the respondent should not be held in contempt.

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Specifically, the court may award injunctions against acts of violence, referrals to appropriate counseling, and enter other orders necessary to protect the petitioner.

Contact Orlando Injunction and Restraining Order Attorney Richard Hornsby if you are in fear of someone you have dated and you want to obtain immediate protection.

However, in some situations, a person can be charged with the felony offense of “Aggravated Stalking” if their case involves multiple violations of their injunction in an attempt to harass or threaten the other party.

An “injunction” is a court order that is issued by a Circuit Court Judge that places restrictions on a person’s ability to have contact with another individual.

A person who has two or more prior convictions for violation of an injunction or foreign protection order, and who subsequently commits a violation of any injunction or foreign protection order against the same victim, commits a felony of the third degree, punishable as provided in s. Any person who suffers an injury and/or loss as a result of a violation of an injunction for protection against domestic violence may be awarded economic damages for that injury and/or loss by the court issuing the injunction.

Damages includes costs and attorneys’ fees for enforcement of the injunction.s.

Persons in dating relationships must meet the same criteria required for issuance of an injunction against domestic violence.

Specifically, you must show that you are a victim of dating violence or have a reasonable belief that violence is imminent.

The clerk shall either assist the petitioner in the preparation of an affidavit in support of the violation or direct the petitioner to the office operated by the court within the circuit that has been designated by the chief judge of that circuit as the central intake point for injunction violations and where the petitioner can receive assistance in the preparation of the affidavit in support of the violation.

The affidavit shall be immediately forwarded by the office assisting the petitioner to the state attorney of that circuit and to such court or judge as the chief judge of that circuit determines to be the recipient of affidavits of violation.

A person with a violation of a restraining order or injunction in Florida is likely to face a criminal prosecution.