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According to Florida Statute 741, an injunction or a restraining order is an order issued by the court, ordering the individual named to avoid having contact with another person. In many cases, these injunction orders contain allegations that could be exaggerated or false. As such, you need to seek an experienced criminal defense lawyer’s representation to show to the court why they should deny an injunction order.
A petition filed without the respondent or defendant submitting his answer in time shall be ruled ex-parte, meaning the court will grant the order without waiting to hear from the respondent. This means that you’ve failed to enforce your rights to face your accuser and defend yourself in court. Once the order is issued, it will immediately go into effect, and the court will order you to follow its conditions. If the respondent fails to reply in time, any subsequent action on the respondent’s part shall be deemed moot by the court.
To arrange a free initial consultation, please call us today at 407-720-8425. We are committed to providing your case the attention that it deserves. All phone calls are answered quickly and answers are readily available.
To counter an injunction petition filed against you, you’ll have to deny and disprove allegations provided in the petition. The injunction petition may contain exaggerated or false statements asking the court to grant the petitioner’s request. If you’re the respondent, you have to provide facts and evidence to show that the other party’s assertions are false. Only when you can provide sound and convincing evidence to the court will you be absolved from a restraining order filed against you. Our top-rated criminal defense lawyer can help guide you through the complexities of restraining orders and injunctions. Call now at 407-865-8888 for your free consultation.
This injunction petition alleges domestic violence and seeks temporary relief from the respondents who are allegedly the cause of the said violence. This civil action is available to any person (both petitioner and respondent) who satisfies any of the following requisites:
This is another type of restraining order that alleges the commission of repeated acts of violence by parties that are not related by blood, living arrangements, or marriage. This petition could either be final or temporary and is available to any petitioner that alleges to be a victim of such felonies as battery or assault for at least twice within the past six months.
This type of injunction is one that’s filed if the respondent and petitioner currently have or are still having a significant or romantic relationship. The following three factors determine the appropriateness of the injunction:
Stalking is described as a malicious, intentional, and repetitive following or harassment of another person. In this kind of offense, the aggrieved party can file for a stalking injunction by alleging all the instances wherein the respondent caused severe emotional distress to the petitioner. The kinds of stalking defined in this injunction also include cyberstalking, or direct communication with the complainant through email, texting, and other electronic means.
This injunction is filed when the respondent is accused of committing lewd acts against minors, sexual battery, and attempted sexual violence as incidental to a forcible felony. This action is available even if there’s no separate legal action filed against the forcible felony and even if the chase has already been dismissed.
The court issues an injunction order after they weigh the facts and evidence submitted by both parties. Once the court issues the injunction order, it immediately goes into effect. Violating an injunction order is an offense that warrants serious consequences, including but not limited to criminal charges.
Under FL statute 784.047, violating an injunction order occurs when an individual violates a condition in the order, such as refusing to vacate their shared dwelling or being within 500 feet of the petitioner’s residence, school, or place of employment. Violating the order is a misdemeanor of the first degree and is punishable under FL Statute 775.082 or 083 by a fine of $1,000 or higher. In Florida, it’s a crime to possess a firearm or a single round of ammunition if a domestic violence injunction has been ordered against you, as stated in FL Statute 790.233. Possessing a firearm while an injunction is ordered against you is a misdemeanor of the first degree.
If a convicted felon, one who has been convicted of violating two or more injunction orders in the past, violates an injunction, they will be subject to harsher penalties and fines. FL Statute 784.047 details that the violation committed becomes a felony in the third degree and punishable with a fine of $5,000 or more. Don’t let a potential injunction violation ruin your life and career. There are options available for you; let our expert attorneys help guide you to the best resolution possible—Call 407-720-8425 for your complimentary consultation today.
