INJUNCTIONS

An injunction for protection (also known as a restraining order) is a court order that orders a person to perform certain act(s) or refrain from performing certain act(s) for a specified period of time. Inunctions For Protection are available in the State of Florida to protect victims and deter potential aggressors.  Whether you are in need of an injunction for protection or in need of legal representation to respond to an injunction that has been filed against you, it is important that you understand your rights and the legal procedures involved in the injunction process.  

 

Whether seeking an injunction or defending against one that has been filed against you, it is important to understand the different types of injunctions available under Florida law, including:

• Domestic violence injunction – current or former family or household members, or sharing children in common

• Dating violence injunction – requires a dating relationship within the past 6 months

• Stalking injunction – requires at least two incidents of stalking or cyberstalking

• Repeat violence injunction – requires two or more incidents of violence or stalking, with at least one incident within the past six months

• Sexual violence injunction – requires sexually violent conduct to have occurred

 

In addition to orders for the offending party to stay away or have no contact with the petitioning party, an injunction can provide other important forms of relief:

• Exclusive use of a shared residence

• Removal of firearms from the possession of the offending person

• Requirement that the offending party participate in treatment, intervention, and/or counseling services;

• Orders related to contact, timesharing, and support of shared minor children

• Spousal support while the injunction is in effect

• Criminal sanctions against the offending party if they violate the terms of the injunction

 

If an injunction has been sought against you there can be far-ranging consequences:

• The terms of an injunction could result in you being ordered to stop living in the home that you shared with the other party in the injunction case, or can impact your parental rights with regard to children that you share with the other party in the injunction case.

• Under both state and federal law, the respondent is prohibited from possessing firearms and ammunition.

• Law enforcement officers or anyone employed in a position that requires the use of weapons may be affected.

• The respondent’s current employment status or employment applications may be affected.

• Professional licenses may be affected.

• Entry into the military may be affected.

• Admission to schools, colleges, and universities may be affected.

• Violation of a final injunction may affect a resident alien’s application for citizenship and may result in deportation if the respondent is not a citizen.

• Violation of an injunction entered against you may result in arrest and criminal charges against you.

 

Due to the emergency nature of these cases they often move at a fast pace, leaving little room for long-term strategizing and planning for how to handle the proceeding.  Knowing your rights and being properly prepared for your injunction hearing is critical.