Jacksonville Criminal Defense Lawyer Blog

"I have a Jacksonville Injunction Hearing coming up, but I don't know if I should hire an attorney?"  According to Florida Statute Sections 784.046 and 741.30, the answer is "no, you do not need an attorney."  However, failing to hire an attorney to protect your best interests could be devastating to your case.  When a person petitions for an injunction (also known as a restraining order), that person is alleging that you are violent.  If the injunction is granted, you cannot possess a firearm (Florida Statute Section 790.233).  Also, this will reflect on your character when you apply for jobs and can effect professional licenses that you hold.  A Jacksonville Injunction hearing should be taken as seriously as any criminal offense, because if it is violated, you can be arrested for Violation of an Injunction.  Therefore, you should hire an attorney to protect your rights and help prevent the injunction from being issued in the first place.  

Jacksonville Restraining Orders are available anyone that is a victim of violence.  A restraining is an injunction that protects the victim from any further violence.  Many Jacksonville residents believe that they must be the victim of some type of "physical violence" before they can petition the court for an injunction, but this is not true.  Violence includes the crimes of assault and stalking which do not require physical contact whatsoever.  Under Florida Statute Section 784.11, an assault occurs when a person intentionally and unlawfully threatens to do violence to the person of another coupled with the apparent ability carry the violence out.  The victim of the assault must be in fear that the violence is imminent and will readily take place.  Stalking can also result in a Jacksonville restraining order.  Under Florida Statute Section 784.048, stalking occurs when a person "willfully, maliciously, and repeatedly follows, harasses, or cyberstalks" and other person.  The harassment must cause substantial emotional distress and fail to serve a legitimate purpose.

Yesterday, a nursing home worker was shot by her boyfriend in the parking lot of the Southpoint Terrace Skilled Nursing and Rehabilitation Center.  The two met in the parking lot of the Center, an argument ensued, and he shot her several times.