Injunction vs Restraining order
Domestic violence is an ongoing problem in Florida. In many cases, victims can pursue an injunction, restraining order, or other protective order against abusers. This article highlights injunctions and restraining orders and how legal representation can help when dealing with them.
It can be confusing and intimidating if you’ve had an injunction or restraining order brought against you. You need an award-winning criminal defense attorney standing up for your rights. Julian Stroleny, Attorney at Law, is an experienced and effective domestic violence defense attorney — named a Super Lawyers Rising Star from 2019 to 2023. He also was recognized as an AV Preeminent attorney in 2002 and 2023 by Martindale-Hubble.
Contact Stroleny Law: Criminal Defense Attorney today at (786) 481-4129 to get started on your criminal defense.
What Are Injunctions and Restraining Orders?
Victims of domestic violence or similar crimes can seek protection from the court. The court can order a restraining order or injunction, depending on the circumstances. The purpose of the injunction or temporary restraining order is to prevent one person from contacting the other, either in person or online. A restraining order is a temporary court order, while an injunction is long-lasting and possibly permanent.
Temporary restraining orders in Florida are only valid for up to 15 days. At the final court hearing, the judge will determine if a permanent injunction should be issued. There are several types of restraining orders or injunctions that can be issued:
Dating Violence Protection
This order usually includes two parties in a significant relationship or who were once in a relationship. One party could ask the court for an injunction to protect them from further emotional and physical abuse.
Domestic Violence Injunction
A domestic violence injunction is broader than a dating violence order because it can only be ordered against family members, members within the household, people who reside together as a family, or parents of a child, even if they don’t reside together. The purpose of the injunction is to avoid mental and physical injury to the alleged victim.
Repeat Violence Injunction
This temporary injunction may be ordered if one party has been abused by the other more than once. The victim doesn’t have to state that a specific relationship exists for the court to offer protection.
Sexual Violence Injunction
The victim of sexual violence can ask for the court’s protection from future sex-related abuse by the perpetrator. The victim has to state that at least one sexual violence crime happened to qualify for protection. Also, the petitioner has to allege a severe criminal sexual act, such as a lewd or lascivious act in the presence of a minor younger than 16.
Stalking Injunction
This injunction can be used against the perpetrator when the victim alleges at least two acts of stalking that put them in fear. The petitioner and respondent do not have to know each other. However, the parties are usually former friends, coworkers, or sometimes family members.
Depending on the case, the judge could issue any of the orders above against you. If you’ve had an injunction or restraining order filed against you, you should retain an attorney immediately.
Unfortunately, there are scenarios where a person seeks a restraining order for questionable reasons. For instance, if you are going through an agonizing divorce, your spouse may accuse you of domestic violence. This could be done to affect asset distribution or child custody after the divorce.
What Do Restraining Orders Do?
A restraining order is another term for an injunction for protection, which restricts the respondent from contacting the other party. Respondents of restraining orders cannot:
- Visit the petitioner’s home
- Go to where the petitioner works
- Visit places the petitioner often visits, such as a school, church, or a family member’s residence
- Contact the other party by email, text, or phone
- Keep a firearm or ammunition
The restraining order also may feature the following conditions:
- Require a certain physical distance to prevent further abuse and harm
- Legal obstacles to contact to avoid coercion, harassment, verbal threats, and intimidation
- Short-term protections for hazardous situations
- Long-term protections that can include extended or permanent protection against physical and psychological abuse
How to Obtain an Injunction or Restraining Order
The first step in the process is for the victim to understand the type of restraining order they need. Then, the person can obtain the required documents from the courthouse or website. The forms must be filled out and filed with the clerk’s office in the person’s county.
Once the initial restraining order is approved, the judge will set a date for the first hearing within 15 days. At the hearing, both sides can present their arguments. The judge will decide if a permanent injunction should be approved. The court will require the petitioner to be at the hearing, or the case will be dismissed.
Consequences for Violating an Injunction or Restraining Order
A restraining order is a civil matter, but if you violate it, you put yourself in a difficult situation and this may lead to criminal proceedings. Criminal charges can affect your freedom and financial future.
You could be convicted of a first-degree misdemeanor and receive up to a year in jail, 12 months of probation, and a fine of up to $1,000. You should retain a criminal defense attorney if you receive a restraining order or injunction.
Why You Need a Criminal Defense Lawyer
Florida law provides people with various protections against government overreach. If an injunction or restraining order is filed against you, you have the right to know about the allegations. You also have the right to respond to and defend yourself against any allegations.
If you are served with a restraining order, you should respond quickly. Even if you are sure you have a strong defense and think you can avoid the temporary order becoming a permanent injunction, remember to comply with all instructions in the order. Most importantly, you should not have any contact with the other party. Also, you may help your case by taking these actions:
- Gather any physical evidence related to the events or incidents listed in the petition, such as photos, video, clothing, and personal items.
- Gather any records or documents that might be relevant, such as emails, texts, letters, GPS and phone records, computer records, and any records that prove your location at the time of an alleged incident.
- Collect a list of potential witnesses, like anyone you think has useful information about the alleged incident, the petitioner, or accusations.
The best course of action if you have been served with an injunction or restraining order is to speak to a criminal and injunction defense attorney to represent you in the process. When you receive the injunction or restraining order paperwork, you should talk with an experienced criminal defense attorney to understand your options.
At the initial restraining order hearing, the alleged victim will present evidence, and witnesses and expert witnesses could be questioned. You could be cross-examined as the respondent, so having an attorney is critical. Anything you say at the hearing date could be used against you later.
Can an Injunction or Restraining Order Be Dropped?
If a partner or spouse goes to court and asks for a restraining order or injunction, the order could be invalidated later. Some parties put the orders in place in a moment of anger. They might look at the event differently after a few days or weeks. So, it’s essential that the petitioner does not ask for a restraining order or injunction just because they had a heated argument with their significant other.
These legal orders can become complex quickly if there is any abuse or domestic violence involved. While awaiting a hearing, the order could stay in place even if the alleged victim doesn’t want it to. Thus, the petitioner should only request an injunction or restraining order if they truly fear for their safety.
Speak to a Criminal Defense Attorney Today
Having a restraining order or injunction brought against you can be scary, but a knowledgeable criminal defense attorney by your side can give you some peace of mind. Don’t face the Florida criminal justice system alone. Get in touch with Stroleny Law: Criminal Defense Attorney, today.
Award-winning criminal defense attorney Julian Stroleny has more than 10 years of experience winning legal battles and has been named a 2022 Client Champion by Martindale-Hubble. Attorney Stroleny also has a perfect 10.0 rating from Avvo, so you know you are being represented by one of the preeminent criminal defense attorneys in the state. Contact Stroleny Law: Criminal Defense Attorney, today at (786) 481-4129.