Have you been served with an Injunction to keep you away from a person, a family member or even your children? Does this Injunction make you feel like your guilty? Now you haven’t even seen a judge, and the officer who served you with this Injunction is telling you if you violate any of the terms you can be arrested and held without bond until you do see a judge. This is the position that countless Respondents (those who have been served with the Injunction) find themselves in everyday throughout Florida.
There are 4 main types of Injunctions in Florida; (1) Injunctions against Domestic Violence, (2) Injunctions against Dating Violence, (3) Injunctions against Sexual Assault Violence Injunctions, (3) Injunctions against Repeat Violence, and (4) Stalking Injunctions.
The Tampa Injunction Attorneys at Taracks & Associates know the defenses (facts and/or technicalities), and use their experience for the benefit of their clients during these hearings. So call today for your Free Consultation at 813-281-2897 to discuss the ways to fight the Injunction that you have been served with.
A Domestic Violence Injunction is an injunction to protect a Petitioner who is in the following relationship with another;
- Spouses and ex-spouses who have lived together,
- Blood relatives who have lived together,
- People who reside together as a family, or who have done so in the past, and
- People who are parents of a child.
See Fla. Stat. §741.28 & §741.30.
A Dating Injunction is an injunction to protect people who are in a six month or longer relationship that have experienced or have the expectation of experiencing sexual intimacy. Fla. Stat. §741.046(2)(b).
A Sexual Assault Injunction is regarding a sexual assault that has been reported, and the offender is likely to be released from the sentence within 90 days of the Petition for Injunction. Fla. Stat. §741.046(2)(c)
An Injunction against Repeat Violence is an injunction where it is alleged there have been at least 2 prior acts of violence, and the last occurred within the last 6 months. Fla. Stat. §741.046(2)(a).
A Stalking Injunction for Protection, including Cyberstalking is to protect from stalking, including acts of violence, and previous threats of violence. Fla. Stat. §784.0485.
Although Florida has multiple types of Injunctions for Protection, the process to file a Petition is similar. The person seeking the Injunction can to the Clerk of Court, and at no charge can fill out a standard form depending on the type of injunction sought. It is reviewed ex parte (you have no notice), and if a judge believes that there is a reasonable fear of violence, will issue a Temporary Injunction with a “return date” ( court date) in which the Respondent can finally address the allegations.
Often, once police officers make an arrest, domestic or otherwise, they will recommend to the person not arrested to fill out such a “free injunction”. At Taracks & Associates, we have had countless clients when they are bonding out of jail; they are getting served with an injunction. Petitions for Injunctions have also been used to get an advanced position in divorce/custody matters, as well as to compound what court hearings an accused must attend.
Although Temporary Injunctions are on only paper, these Injunctions are used by police officers as another means to make arrests. If an officer gets called out to a complaint, and believes that the basis of the call is not a crime, but finds a person on scene whose presence alone is a violation of an injunction; that officer can make an arrest with no bond set, until a Judge hears the facts of the initial case.
Nonetheless, just because a judge has read the paperwork and signed a Temporary Injunction, all is not lost.
At Return Hearing is when you or your attorney can cross-examine the Petitioner. If the Judge hears enough to Dismiss the Injunction, this can be done without presenting any evidence.
If the Judge does not Dismiss the Injunction after hearing from the Petitioner, you can now present your facts in hopes of having the Injunction Dismissed. Whether it’s using phone records/text messages from the Petitioner against him/her, calling witnesses, presenting evidence including photographs, and any other item that would show either an improper motive, or that the Petitioner is lying; presenting a strong defense to the Petition for Injunction, can go a long way in having the Temporary Injunction dismissed.
In cases where the Judge grants the Temporary Injunction, it can be extended, 6 months, one year, and even indefinitely. The Judge can also order the following:
- Move out of the house, apartment, or boat,
- Stay away from Petitioner’s home and work,
- Have no contact with Petitioner, including no flowers, no “I’m sorry” texts, no family members contacting on your behalf, including not contacting Petitioner’s family to put in a good word for you,
- Temporary suspension of child visitation,
- Order Temporary Child Support,
- Turn in any weapons to a disinterested 3rd Party, or local law enforcement,
- Conditions of counseling – Anger Management, Alcohol or Drug, or any other “appropriate” counseling, and
- Any other condition the Judge feels would protect the Petitioner from future harm.
These are just a few of the conditions that a Judge can impose if he grants the Petition for Injunction.
With all of the above at stake, why go it alone? Call Taracks & Associates to schedule your Free Consultation at 813-281-2897. During this meeting, we will discuss the type of injunction you are facing, the facts of the petition, and develop a strategy to pursue to protect your reputation, your livelihood, and your freedom to lawfully come and go as you please.