Injunctions, also called no-contact orders or restraining orders, prohibit contact between two parties and provide specific rules the respondent (the person whom the victim filed against) must follow. They are binding court orders that have lasting consequences for the respondent. Before the court issues an injunction, it will hold a hearing where both parties can explain the situation to the judge.
If you have an upcoming hearing for an injunction, ensure you understand your rights and prepare yourself beforehand. Whether you are a petitioner (the person who has asked the court for protection) or respondent, our injunction hearing lawyers at Goldman Wetzel in Tampa, FL can answer your questions and help you through the court process.
Call 813-391-8051 for a free consultation today.
How Injunction Hearings Work in Tampa
The court holds injunction hearings to determine whether to issue a restraining order and what the terms and restrictions will be.
The way it works is relatively straightforward. When someone asks the court for a restraining order and her case meets specific criteria, the court the will issue a 15-day temporary injunction, often referred to as a temporary restraining order (TRO). The respondent will receive a copy of the TRO, along with the date and time of a hearing.
This hearing will take place within that 15-day window, giving both parties a chance to gather evidence to bring to court.
- Location of Hearing: In the county court where the petitioner filed the petition. Check your TRO for the hearing location and time.
- In Attendance: The petitioner, the respondent, and their attorneys. It is essential that you make it to the hearing. If the petitioner fails to show, the court might dismiss the case. If the respondent fails to show, the court will likely side with the petitioner.
- What to Bring: Your ID, any documentation your attorney requests you bring, and pertinent evidence.
- What You Can Expect at the Hearing: The judge will give each party an opportunity to explain why they think the injunction is or is not necessary. He or she will consider evidence, weigh the issues, and make a decision at the conclusion of the hearing.
Types of Injunctions in Florida
There are several different types of injunctions courts can issue in Florida. The kind of injunction used depends on the nature of the relationship between the two parties. Each order has unique requirements and protocols, but they all serve the same purpose: to restrict or prohibit contact between the petitioner and respondent.
Below are the five types of injunctions in Florida. If you are unsure of what kind of restraining order you need or have against you, call our office at 813-391-8051; one of our injunction hearing attorneys will be glad to help.
Domestic Violence Injunction: For cases involving domestic violence or when someone feels in danger of domestic violence. Domestic violence injunctions only apply in relationships where the two parties have cohabitated or have a child in common.
Dating Violence Injunction: Essentially the same concept as a domestic violence injunction, except that dating violence injunctions apply when the parties shared an intimate relationship, but never cohabitated or had children together.
Stalking Injunction: These apply in cases involving stalking, cyberstalking, harassment, intentional property damage, threats of harm, or physical abuse.
Repeat Violence Injunction: If the respondent committed violence or stalked the petitioner or her family member more than once, then the courts usually may a repeat violence injunction.
Example Provisions on No-Contact Orders
If the judge decides to issue an injunction, both parties will receive a copy of the court order at the conclusion of the hearing. It will include details about the rules the respondent must follow.
Judges have the discretion to provide whatever kinds of relief they deem necessary, given the circumstances of the case. Examples of provisions common on injunctions include:
- The respondent cannot contact the petition by any means, including phone, mail, email, text, or other electronic means.
- The respondent cannot go near the petitioner’s home or workplace.
- The respondent cannot indirectly communicate with the petitioner, such as through a family member or friend.
- The respondent may have to take a class on domestic violence or go to counseling.
- The respondent cannot go within 500 feet of the petitioner’s car.
- The court may require the respondent find another place to live temporarily (if the respondent and petitioner share a home).
- The court may prohibit the respondent from owning firearms.
While these provisions are meant to protect the petitioner from harm, they can cause numerous hurdles for both parties. For example, if the couple has a child together, how will they arrange to exchange the child for visitation? If they work together, how can they both keep their jobs and yet not violate the restraining order?
Injunctions can get quite complicated. Contact Goldman Wetzel to discuss your issues of concern with one of injunction hearing lawyers in Tampa.
How to Prepare for an Injunction Hearing
No matter if you need an injunction for protection or are facing what you believe to be an unfair injunction, preparation is key to a successful outcome at the injunction hearing. You should:
- Contact our injunction hearing attorneys for advice on how to approach your case.
- Collect any related evidence, such as texts, letters, photos, witness statements, and share it with your lawyer.
- Stick to the terms of the TRO in the meantime. Violating the injunction can lead to criminal charges.
Speak with Our Injunction Hearing Lawyers in Tampa, FL Today
Our firm represents both petitioners and respondents, and we can help with any type of injunction in Tampa. We can answer any questions you have, walk you through the process, speak on your behalf at the injunction hearing, and protect your rights. Call Goldman Wetzel today at 813-391-8051 to learn more.