Were you or a loved one recently served with an injunction order? If so, you must be aware that this can negatively impact your life in many ways. For instance, you won’t be able to find housing as quickly as before, you won’t be able to apply for most jobs, and you can’t obtain a security clearance or apply for a loan. Even after the injunction has expired, it still has lasting effects.
We can also help you if you are fearful for your safety and you are looking to file an injunction against someone else.
An injunction order simply means ordering the individual to stay away from the person who filed it to protect them from potential harm and abuse. To fight back against this order, you need help from Injunction Lawyers in Florida that will look at your case. Their legal advice can help you with the basics of an injunction.
Not everyone understands an injunction, what happens after being served, and how to fight it. Retaining legal counsel from an Injunction defense attorney in Florida is the best course of action. Fortunately, Smith & Eulo has a team of defense attorneys that can take your case while guiding you throughout the entire process.
What is a Legal Injunction?
Legal injunctions are also protected, or restraining orders are served to an individual. They fall between civil and criminal law, which means they are civil by law but criminal in effect and execution. Once a final order of injunction has taken place, it will appear on a person’s public record.
There’s no doubt that a legal injunction will affect a person’s life in different ways. It can prevent you from achieving or doing different activities as a citizen. That’s why it’s so important to have an Injunction Defense in Florida that can fight for you and help restore your rights during this ordeal if you have been wrongfully served with one.
Four Types of Civil Injunctions in Florida
An injunction means you can’t have contact with the person that filed it. It’s a legal means that protects them from different types of violence and threat.
A petitioner can file four types of civil injunctions against you. These are the following:
A domestic violence injunction is filed against a person that has lived with the victim as “family.” The following examples are considered family:
- Partners, even though never married
- Blood relatives
- Adopted children
- Uncles & aunts
- Parents of their children, regardless of if married or not
Domestic violence encompasses aggravated assault, aggravated battery, sexual assault/battery, stalking, abduction, false imprisonment, and criminal offenses resulting in physical harm or death to the petitioner or other family members
A petitioner may file a protection against sexual violence if:
- The person being filed against doesn’t meet the definition of family under domestic violence.
- The person committed the following acts: sexual battery, defined by Florida Statutes (F.S.) Chapter 794; lured or enticed a child as defined by S. Chapter 787; forced a child to perform sexual acts as described by F.S. Chapter 827; or committed a felony where a sexual act was committed or attempted.
- The petitioner reported the sexual violence and is cooperating with law enforcement or if the person is in prison against the petitioner and will be out of imprisonment in the next 90 days.
A petitioner may file for protection against dating violence if they meet the following criteria:
- They have dated the other person for the last six months.
- They expect continued affection and sexual involvement during the timeframe.
- They have interacted with the petitioner frequently during the entire relationship.
Once all three factors apply to the victim and the other person has been violent towards them, they can file an injunction for protection against dating violence. It prevents the person from having contact with the petitioner. It restricts them from the petitioner’s home, place of employment, car, and others the court finds necessary.
An injunction for protection against repeat violence is filed against a person that doesn’t fit the description of domestic violence, sexual violence, or dating violence. Therefore, it can be filed against a neighbor, student, co-worker, or relative that never lived with the petitioner.
However, for this petition to be filed, there must be at least two physical violence, threats of violence, and stalking, and one of them should at least occur within the last six months.
How Long Does an Injunction Last in Florida?
The length of time of an injunction order will depend on the case at hand. Therefore, the person receiving the injunction must read the letter carefully. It’s also worth noting that according to Section 784.046(7)(c), Florida Statutes, the judge can order the injunction to remain full force and take effect immediately.
It means the injunction can remain forever unless there are modifications or changes. Furthermore, parties must contact the court before changing the rules of the injunction.
What Happens if an Injunction Was Filed Against Me?
If another person filed an injunction against you, that means the judge has ordered you not to have any form of contact with the petitioner. It includes no text messages, phone calls, letters, e-mails, or anything the judge does not authorize. You must also read the injunction, as it may have special instructions that you must obey.
If you believe the injunction is false, you can fight it with the help of a Florida Injunction lawyer. They will form a strong defense. But first, they’ll have to go over the evidence against you. They will then investigate why the injunction was filed unfairly against you. At the same time, they will gather proof indicating the petitioner’s charges are false.
Fight the Injunction Order & Prove Your Innocence
If you or your loved one are in need of information on Injucntions, call us at 407-930-8912 to speak with a qualified legal professional or fill out the contact form on this page. We’re available 24/7, we offer free initial consultation and payment plans. In addition to our Orlando location, we have offices in the following cities across the state of Florida:
*Additional Orlando Florida & Orange County Legal Resources