Domestic Violence Attorney in Clearwater, FL
Protecting Your Safety, Your Rights, and Your Future
At McGuire Megna Attorneys, we understand the urgency, fear, and emotional weight that often accompany domestic violence cases. Whether you are a victim seeking protection or someone who has been falsely accused and needs a strong legal defense, our team is here to help with skilled legal guidance and compassion.
Under Florida law, individuals who are victims of domestic violence—or who reasonably fear that they are in imminent danger—can seek legal protection through an injunction for protection, commonly referred to as a restraining order. These injunctions can prevent further acts of violence, provide emergency relief, and establish clear boundaries to protect you and your loved ones.
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What Qualifies as Domestic Violence in Florida?
Florida Statute §741.28 defines domestic violence to include:
- Assault and aggravated assault
- Battery and aggravated battery
- Sexual assault and battery
- Stalking and aggravated stalking
- Kidnapping and false imprisonment
- Any criminal offense resulting in physical injury or death committed by a family or household member

Who Can Seek an Injunction for Protection?
You do not have to be married to seek legal protection from abuse. Florida law allows the following individuals to petition for an injunction:
- Current and former spouses
- Individuals related by blood or marriage
- People living together as a family or who have lived together in the past
- Parents of a child, regardless of marriage
- Individuals in a romantic or intimate relationship (dating violence)
- Same-sex partners and roommates may also qualify for protection under Florida’s domestic violence statutes.

Types of Injunctions in Florida
1. Domestic Violence Injunction
- For family or household members facing violence or threats
2. Repeat Violence Injunction
- For unrelated individuals who have experienced at least two incidents of violence
3. Dating Violence Injunction
- For individuals in a romantic relationship, past or present
4. Sexual Violence Injunction
- For victims of sexual battery or other sexually violent acts
5. Stalking Injunction
- For victims of stalking or cyberstalking
Our Role as Your Legal Advocate
McGuire Megna Attorneys handles both petitioners seeking injunctions and respondents facing false or retaliatory claims. We help clients:
- File or defend against injunctions for protection
- Represent them at court hearings
- Navigate overlapping family law cases (divorce, custody, support)
- Modify or terminate existing injunctions
- Enforce out-of-state orders under Florida law
- Our experience also includes defending clients against criminal charges related to alleged domestic violence.
Why Legal Representation Matters
The outcome of a domestic violence case can have long-term consequences on your parental rights, gun ownership, housing options, and employment. Injunctions may affect divorce and custody cases and can remain part of the public record. Whether you’re seeking protection or fighting false allegations, having an experienced domestic violence attorney in Clearwater can make all the difference.
Contact a Clearwater Domestic Violence Lawyer Today
If you are in danger, please seek help immediately by calling 911. Once you’re safe, turn to a trusted legal team who can advocate for your protection, your rights, and your peace of mind. At McGuire Megna Attorneys, we provide confidential consultations and aggressive legal support for clients on either side of domestic violence cases throughout Pinellas County and the Tampa Bay area.
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John McGuire’s commitment is to provide you with the prompt, personal attention you deserve at every stage of representation. We take the time to listen to your concerns and provide you with the advice you need to proceed in the right direction, and we keep you informed as your case develops.
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Frequently Asked Questions
Domestic violence cases are some of the most emotionally charged and legally complex matters in family law. Whether you’re seeking protection from an abuser or defending yourself against an unjust accusation, it’s crucial to understand your rights and the legal process involved. At McGuire Megna Attorneys, we’re committed to helping victims of abuse find safety and justice, while also ensuring that those wrongly accused are treated fairly under the law. This FAQ section addresses common questions about domestic violence injunctions in Florida, including how to file, what protections are available, and what happens after a hearing. Your safety, reputation, and future matter—and we’re here to stand by your side every step of the way.
Domestic violence includes physical harm or threats of harm from a family or household member. It also includes stalking, sexual assault, or repeated harassment.
Yes. Florida law allows individuals in dating relationships, co-parents, and other household members to file for protective orders—even if they’ve never been married.
Not necessarily. A single, credible act of violence or threat may be enough to file for a domestic violence injunction.
The court may issue a temporary injunction without a hearing. A final hearing will typically be scheduled within 15 days where both parties can present evidence.
Yes. Judges may consider the existence of a restraining order when making custody or time-sharing decisions, and violations can affect divorce proceedings.
Violating an injunction is a criminal offense. You should report the violation immediately. Law enforcement may arrest the offender.
Yes, either party may petition the court to modify or dissolve an injunction based on changed circumstances.
False accusations can damage your reputation and legal standing. Contact an attorney immediately to protect your rights and defend yourself in court.