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I am trying to get an injunction

(PETITIONER)

I am trying to fight an injunction

(RESPONDENT)

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"Mr. Feiter and his team helped me out at a bad time in my life. I would absolutely advocate for using his services. He eased my concerns and walked me through the entire legal process. It took some time, but that's just our legal system. Definitely recommend him!" Christina A. (actual client), Dec. 2018

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Christina A., Jan. 2019

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What is an injunction?

An injunction is a restraining order, also known as an order of protection.  There are two kinds of injunctions – temporary and final. A temporary injunction is not nearly as big of a deal as a final injunction. Anyone can easily get a temporary injunction against you. A final injunction is more difficult to get because one cannot be issued without a formal hearing or trial before a judge.

The records of injunctions can be just as permanent as criminal records.  So be careful what you put in them and take them very seriously.

Injunctions can be very bad – or they can be very good.  It depends on which side you are on.

Injunctions are orders of protection and are court ordered by a judge.  Violate an injunction and you will probably get arrested and go to jail.

“Injunctions are considered civil – but you need to take them just a seriously as you would a criminal case.”

An injunction record can actually be WORSE than a criminal record.  And it can remain on your record for the rest of your life.

The process of getting an injunction starts with someone (called a petitioner) filling out paperwork at their local courthouse. The petitioner accuses someone else (called a respondent) of being violent or stalking them (or exploiting a vulnerable person) and the petitioner asks the court to issue an order of protection.

IMPORTANT TIP: Whether you are a Petitioner or a Respondent, DO NOT go to court alone! If you are being accused, we can help you try to AVOID an injunction. If you are the victim, we can help you GET an injunction.

Court can be a stressful experience for anyone – and you do not want to make any mistakes that you cannot take back. Call us today to see what your options are and have one of our attorneys go to court with you.

 

Frequently Asked Questions on Injunctions


J.H. v. M.P., 2018-DR-2528

Case Type: Petition for Injunction for Protection Against Repeat Violence

Petition Dismissed.


S.G. v. J.S., 18-DR-12818

Case Type: Petition for Injunction for Protection Against Repeat Violence

Petition Dismissed.


R.W. v. Confidential Defendant

Charged with: Private Settlement

Private settlement reached.


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Types of Injunctions Available in Florida

In Florida, individuals seeking relief from abusive situations have several types of injunctions to choose from, depending on the circumstances of their case. While they all function like a restraining order, each category has specific qualifiers as to who can file and why.

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What Happens at a Florida Injunction Hearing?

There are a couple of steps to the injunction process that a petitioner, the person seeking protection, must take to secure an order against the respondent, the person allegedly committing or threatening to commit violence.

The first step is filling out all the necessary paperwork correctly and submitting it to the court. It is critical to demonstrate substantial evidence that violence took place. An attorney is best when trying to determine if you have substantial evidence of your claim or not.

Next, a judge will decide whether to issue an injunction after determining if the petition has the correct information and the evidence is sufficient. A temporary order is then set in place until a final hearing date gets set.

The respondent cannot have any contact with the petitioner until the judge makes a final ruling on the matter. This means the person(s) subjected to the temporary order may have to adhere to some of the following guidelines:

  • Cannot return home
  • Pay support
  • Don’t try to communicate with the petitioner through common friends and family
  • Keep a specified distance from the petitioner

At the final injunction hearing, both parties will present their side of the case, call witnesses to testify, and submit evidence. Attorneys representing the parties are not mandatory in these proceedings but highly suggested given the relaxed nature of evidentiary rules and court procedures during injunction hearings.

 

Common Questions Regarding Florida Injunctions

Do People Sometimes Lie to Get an Injunction?

Yes, people can lie in injunctions.  While injunctions are important to protect victims from legitimate violence and threats of violence, people do sometimes lie in their petitions.

Common reasons a petitioner may lie on their injunction paperwork and in testimony include:

  • Jealousy and/or spite
  • Revenge
  • Impending divorce
  • Custody dispute
  • Infidelity in the relationship
  • Harassment
  • Maintain control/power over the other person
  • Teach them a lesson
  • Mental illness

If you believe you may be a victim of a situation which requires an injunction, contact Fighter Law right away at (407) 344-4837.

Which County Court Should I File My Injunction In?

You can file for an injunction in the county where you live. It doesn’t matter if your residence is permanent or temporary, where the respondent lives, or where the violence occurred. There is no minimum residency requirement.

What Happens if the Petitioner or Respondent Doesn’t Show Up for the Final Injunction Hearing?

If a petitioner doesn’t come to the final court date, absent exceptional circumstances, the court will usually dismiss or throw out the injunction and the respondent will be free to go. If a respondent does not show up, and if the petitioner indicates to the court that they still want the injunction, the court will usually grant the petition. The court will want to see proof that the respondent was notified of the hearing.

Can One or Both Parties Seek Amendments or Later Dismissal of an Injunction?

Yes.  Florida law specifically allows for that. The party (or parties) must petition the court. But be warned – the injunction will NOT be considered amended or dismissed until the judge signs an order indicating that.

What Can the Court Do to Me If An Injunction is Entered Against Me?

The court has the authority to order you to do several things depending on the circumstances of your case. Typically, those who have an injunction granted against them may have to:

  • Not have contact with the petitioner
  • Attend a class like a batterer’s intervention course
  • Prohibit you from accessing or owning firearms
  • Supervised visitation with your children
  • Any other conditions deemed necessary by the court

 

Knowledgeable Florida Injunction Attorneys

Whether you need to file an injunction or are the target of one, the first thing to do is contact a lawyer. Your lawyer will ensure that your rights and best interests are a top priority throughout the entire process. Attorney Thomas Feiter is a Board-Certified and AV Rated Preeminent criminal defense lawyer who can help you seek an injunction or preserve your reputation. Our team has decades of experience assisting Florida residents to find resolutions to their domestic violence cases. Contact us today online or by phone at (407) 344-4837.

 

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