Motion to Dismiss Granted on Domestic Injunction

Attorney Gergely of the Umansky Law Firm defended a Domestic injunction in Seminole County. The Petitioner was alleging domestic aggravated assault against the Respondent. The Petitioner and Respondent were living together, although they had broken up three months prior to the allegations. The Petitioner alleged that the parties were arguing and that the Respondent pushed against her and would not let her leave her room, as she was trying to leave her house. Further, she alleged that he shoved her back against a door frame causing bruising and swelling to her forearms. Attorney Gergely was able to show that on prior occasions the Petitioner had been violent towards the Defendant, that she came back to the apartment the next day when she knew that the Respondent might be home and that she did not call the police until the next afternoon. Overall, the Judge ruled that the Petitioner did not show that she was in imminent fear of domestic violence and dismissed the injunction against the Respondent.

Verification number: 2011-DR-3899-06D-R

Domestic Violence Injunctions in Florida

A domestic violence injunction can affect many aspects of your life that you may not have thought possible. If you know that someone is petitioning to have an injunction against you, you should work with an injunction defense attorney to push back. The injunction process in Florida is complex and can resolve quickly. An attorney may be able to get an extension so that you have more time to prepare for the final hearing. He may also be able to discredit witnesses, find inconsistencies in their stories, and conduct cross-examinations. A dedicated defense lawyer may be able to screen people you know to provide favorable testimony, as well.

During the final hearing for an order of protection, the judge decides whether to grant the Petitioner a permanent injunction against you. There are many reasons why you do not want there to be a permanent injunction against you:

  • The injunction will show up on a criminal background check, even though it is a civil proceeding. Potential employers, landlords, and other entities may pass judgment about your character due to the injunction, and you may miss out on important opportunities in life.
  • The injunction prevents you from buying a firearm.
  • The court may require you to leave your house if the Petitioner lives with you.
  • The court may prevent you from having unsupervised visitation with your children.
  • You may lose your current job if the Petitioner is your coworker.
  • You may face discipline if you have a professional license and report the injunction.
  • …and many more

Don’t let an order for protection keep you from living the life you want to live. Orlando defense attorneys with the Umansky Law Firm eagerly await to review your case. Together, we will provide a thorough defense strategy and protect your interests for the best resolution possible. Call (407) 228-3838 or email us a description of your case for a free case review.

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