Injunctions, also referred to as restraining orders, are court orders that prohibit contact between two parties. Before granting an injunction, the judge will hear from both the petitioner and respondent at an injunction hearing, weigh the evidence, and decide whether to issue a restraining order.
The court does not take injunctions lightly or issue them haphazardly. Proving your case to the court requires planning and evidence. Whether you want to obtain a restraining order or defend against one, Goldman Wetzel can help. Call our injunction hearing lawyers in Bradenton, FL to learn how we can be of service to you: 941-405-5193.
Types of Injunctions in Florida
All restraining orders serve to prevent contact between two parties, protecting the petitioner from an alleged threat of harm. Victims in Florida can petition the court for one of five types of injunctions in Florida, depending on the situation:
Domestic Violence Injunction
This type of restraining order applies when the parties share a household or have a child in common. Per Florida Statute § 741.30(1)(a), anyone who is a victim of domestic violence or “has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence” can file a petition to obtain a domestic violence injunction.
Dating Violence Injunction
This type of restraining order applies when the parties were involved in a relationship, but do not cohabitate or have children in common. This type of injunction is for victims of “dating violence,” which Florida Statute § 784.046(1)(d) defines as “violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature.”
Repeat Violence Injunction
According to Florida Statute § 784.046(1)(b), a repeat violence restraining order can apply to any kind of relationship, so long as there have been “two incidents of violence or stalking committed by the respondent [against the petitioner or petitioner’s immediate family], one of which must have been within six months of the filing of the petition.”
Sexual Violence Injunction
This type of restraining order protects victims of sexual violence, which according to Florida Statute § 784.046(1)(c), includes the following crimes:
- Sexual battery
- A lewd or lascivious act
- Luring or enticing a child
- Sexual performance by a child
- Any other forcible felony involving a sexual act
This type of restraining order applies in cases of stalking and cyberstalking. Per Florida Statute § 784.0485, victims can file a petition against anyone for a stalking injunction if they have been threatened, harassed, stalked, cyberstalked, or physically abused, or if the abuser threatened their family members, killed their pet, or destroyed their personal property.
Consequences of an Injunction for the Respondent
If law enforcement has served you with a temporary injunction with notice of an upcoming hearing, take the issue seriously. The consequences of an injunction for respondents are harsh and far-reaching. It could prevent you from entering your home, seeing your children, going certain places, and owning firearms, among other sanctions. It could also negatively impact a divorce or custody case.
Our attorneys can assist you with the hearing and defend against the petitioner’s allegations. We will collect applicable supporting evidence, subpoena witnesses and police officers, and present your side of the story in a clear and compelling manner to the court.
Attending the Injunction Hearing
When someone files a petition for an injunction, and the situation meets certain criteria, the court will issue a temporary injunction that lasts 15 days. A law enforcement officer will serve the temporary injunction on the respondent, which will include a hearing date. The hearing will take place within the 15-day window.
Both parties may attend the hearing with their attorneys. Each side will explain their side of the story to the judge; the petitioner will try to justify an injunction, while the respondent will try to prove why an injunction is not justifiable. Both sides will present evidence, who will carefully review the facts and then determine whether to grant or absolve the petition.
If the judge orders and signs the injunction, both parties must abide by all the terms therein. Once final, if the respondent violates the injunction, the authorities can charge him with violation of an injunction, a misdemeanor criminal offense.
Either party can file a motion to remove an injunction at any time if they opt to reconcile.
NOTE: The court must formally void an injunction before the parties can legally communicate. An injunction violation can lead to jail time and fines.
For help obtaining, defending, or removing an injunction in Bradenton, call 941-405-5193 and speak to one of our attorneys today.
Restraining Order Stipulations
The court can grant various types of relief to the petitioner in the injunction, depending on the specifics of the case. For example, in a stalking injunction, the court may stipulate details such as:
- Restraining the respondent from acts of stalking.
- Ordering him or her to participate in treatment, intervention, or counseling services.
- Referring a petitioner to appropriate services, such as certified domestic violence centers and certified rape crisis centers.
- Ordering any type of relief the court deems necessary for the protection of a victim of stalking, including directives to law enforcement agencies.
The terms of a restraining order differ from case to case, so read over your injunction order thoroughly to understand exactly what it entails.
Goldman Wetzel Helps Injunction Parties with Their Case
Our attorneys have over three decades experience handling various types of cases in Bradenton, including restraining orders. We can help with all types of injunction situations, including:
- Helping people obtain restraining orders;
- Defending people served with an injunction;
- Petitioning the court to absolve or modify an injunction; and
- Defending respondents charged with an injunction violation.
Call a Goldman Wetzel Injunction Hearing Lawyer in Bradenton, FL Today
Injunctions are serious, time-sensitive matters. If you want to obtain a restraining order or have a pending injunction hearing in Bradenton, contact Goldman Wetzel today to discuss your case: 941-405-5193.