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Injunctions are also known as protective orders or restraining orders. They are issued by the court when a person is in imminent danger of acts of violence by another party. Several types of injunctions are available in Florida. The appropriate injunction is determined by the relationship the abused has with the abuser and the type of violence or threat that occurred. Florida takes threats and acts of violence very seriously. 

There are harsh penalties imposed on those that perpetuate abuse.

 If you are in danger of abuse, contact our experienced attorneys immediately to assist you with filing a petition for an injunction and represent your case in court. If there is an injunction order against you, it is imperative that you comply with the court’s orders, or you may be held in contempt. It can result in civil or criminal liability. In these cases, an experienced attorney must represent you to protect your interests. 

Types of Injunctions in Florida:

• A Domestic Violence Injunction. This is appropriate for persons related by blood or marriage. It can also include individuals that reside in your household currently, in the past, or the father of your child. The court can order the respondent of an injunction to leave the household, attend domestic violence intervention programs, and surrender any weapons they may have. A domestic violence injunction has significant impacts on child support, child custody, and visitation.

• A Sexual Violence Injunction. A petitioner can file for this type of protective order if the perpetrator threatened or carried out any acts of sexual violence against them. It is for persons not related to the victim and includes sexual acts upon children, adults, or in the presence of a child under the age of 16.

• A Dating Violence Injunction. This protective order is applicable for a petitioner who is in fear of violence or has experienced violence from someone who has shared a romantic or intimate relationship with them.

• A Repeat Violence Injunction. A petitioner can file for this protective order if the abuser does not fit into the above categories, such as neighbors or co-workers. In addition, there must be at least two incidents of violence or threats of violence. Finally, one of the incidents must have occurred over the past six months.

• A Stalking Violence Injunction.  This protective order is for non-family members. It includes stalking and cyberstalking. There must be at least two incidents of stalking, the last one being in the past six months.

Process of an Injunction

When a petitioner files for an injunction in Florida, a judge reviews the allegations within 24-48 hours. Based on the facts presented, the judge may order a temporary injunction until a scheduled formal hearing. The respondent is notified of the temporary injunction and the court hearing. During the hearing, each party presents evidence such as medical records, witnesses, text messages, videos, and e-mails, to be reviewed by the judge. The judge will determine at that time if they will order a permanent injunction. It will remain in effect until the court terminates it.

Myers Law Group, P.A. is your Family Law Advocate

Filing for an injunction or being a respondent to an injunction is an emotionally charged legal matter. At our law firm, we understand what is at stake. We work tirelessly for our clients to safeguard their families and their reputations. If you are in danger, contact us immediately. Our attorneys will help you to secure an injunction. For a respondent of an injunction, we will gather evidence to defend you against a wrongful granting of an order. Our law firm provides compassionate legal guidance and aggressive courtroom representation. Call for an appointment at our DeLand, Florida office. We represent clients in Volusia, Seminole, and Orange Counties.