- The Law Office of James M. Burns
- Criminal Defense
- Domestic Violence
- Types of Protection Orders
Types of Protection Orders in Escambia County
Injunctions for protection are more commonly known as restraining orders or protection orders. Civil injunctions may be issued even in cases where criminal charges were dismissed or never filed. While an alleged offender cannot be imprisoned in a civil case, a violation of a civil court order can result in criminal penalties.
When an alleged victim submits a petition for a restraining order in Florida, the standard of proof is much lower in a civil case. Where prosecutors in criminal cases must prove guilt “beyond a reasonable doubt" (the highest possible legal standard), the standard for civil cases is often a “preponderance of the evidence,” which can be translated to a person "more likely than not" committed the alleged offense.
Escambia County has five different types of protection orders, divided based on the alleged victim's relationship to the alleged offender and the types of harm allegedly involved. After a petition is submitted, judges often issue temporary injunctions to err on the side of caution, and any failure by the alleged offender to attend the final court hearing will result in the judge entering a final injunction that can be extremely costly to modify or dissolve.
Attorney for Protection Orders in Pensacola, FL
The five kinds of injunctions for protection available in Escambia County include the following:
- Injunction for Protection Against Domestic Violence — Available to victims of domestic violence or people who have reasonable cause to believe they are in imminent danger of becoming victims of any act of domestic violence;
- Injunction for Protection Against Repeat Violence — Available to victims of or people threatened with at least two acts of domestic violence, one of which must have been within six months of the filing (unlike injunctions for protection against domestic violence, petitioners are not required to be family or household members);
- Injunction for Protection Against Dating Violence — Available to victims of acts of domestic violence when petitioners and respondents have or had continuing and significant relationships of a romantic or intimate nature within the previous six months that included expectations of affection or sexual involvement;
- Injunction for Protection Against Sexual Violence — Available to victims of sexual battery, a lewd or lascivious act committed upon or in the presence of a person younger than 16 years of age, luring or enticing a child, sexual performance by a child, or any other forcible felony wherein a sexual act is committed or attempted when the alleged sexual violence has been reported to a law enforcement agency, and the petitioners cooperate in the investigation;
- Injunction for Protection Against Stalking — Available to victims who have been willfully, maliciously, and repeatedly followed, harassed, or cyberstalked by alleged offenders.
When protection orders are granted, the alleged offenders can be subject to any one of a number of court orders, including possibly having to vacate a shared residence, forfeit custody of children, pay child support or spousal support, or participate in a batterers' intervention program (BIP). Individuals subject to injunctions for protection can also be prohibited from possessing any firearm or ammunition.
Find a Lawyer for Protection Orders in Escambia County, FL
If you have been served with a restraining order in Escambia County, you will want to immediately retain legal counsel. Pensacola criminal defense lawyer James M. Burns represents clients in communities throughout Santa Rosa County, Escambia County, and throughout the Florida Panhandle.
Attorney James Burns has been litigating on behalf of clients who have had protection orders served against them for years. To find out more about protection orders in Pensacola, Florida, call The Law Office of James M. Burns at (850) 457-6002.
This article was last updated on Tuesday, February 13, 2018.
- Domestic Violence