Types of Injunctions in Florida

Understanding Florida’s Five Orders of Protection Against Violence, Assault, And Stalking

Do you have an injunction against you in Florida? Then you’re likely confused, surprised, frustrated, angry, or feeling a mix of these emotions. This is especially true when the injunction was granted based on the petitioner’s cooked-up stories against you. Worse still, it makes you look guilty without even giving you a chance to see a judge.

An injunction is a court order of protection directing a person to avoid coming in contact with another. It’s often granted against a respondent in violence cases to help victims feel safe by neutralizing a known threat. While a restraining order is a civil injunction, it can feel like yet another criminal charge because of its dire implications. Again, violating the terms can lead to your arrest and detention without bond until the next hearing date.

While an injunction may seem unfair, you’re not alone as many Floridians find themselves in a similar position every day. With the help of an experienced attorney, you can put the issue to rest.

 

What Are The Different Types of Injunctions in Florida?

There Are Five Main Types of Injunctions in Florida

Below are the most likely categories under which your restraining order was filed in Florida:

Injunctions against Domestic Violence

Domestic violence injunctions are filed by petitioners who have been (or are in danger of being) hurt or imprisoned by a family member they’ve lived with. If you’ve been served with a domestic violence injunction, it means you’re related to the alleged victim by blood or marriage. They could also be the parent of your child, whether you’re married to them or not.

A domestic violence injunction may require you to:

• Avoid contact with the petitioner
• Leave any residence shared with the petitioner
• Avoid entering the petitioner’s home
• Give up permanent or temporary custody of the kids to the petitioner
• Surrender your guns and ammunition to law enforcement
• Attend a Batterers’ Intervention Program (BIP).

Injunctions against Sexual Assault

Sexual violence injunctions are filed against non-family members. Here, the respondents are also accused of sexual offenses such as those under chapters 794, 787, and 827 of the Florida Statutes. These include:

• Lewd and lascivious acts upon or in the presence of a minor
• Luring or enticing a child
• Requiring a child to perform sexual acts
• Other forcible felonies involving the commission or attempted commission of a sexual act.

A sexual violence injunction is granted when the victim reports the crime to law enforcement and cooperates with them in the criminal case. Alternatively, it’s filed when the offender is serving a jail term for the offense and will be released within the next 90 days.

If you’ve been served with a sexual violence injunction, the terms may include surrendering your weapons to law enforcement.

Injunctions against Dating Violence

Individuals you have dated during or over the last 6 months can file a restraining order against you. First, to successfully do so, there must have been an expectation of continued affection or sexual involvement within that time frame. Second, the petitioner must have interacted with you regularly in the course of the relationship. Third, they must reasonably believe that they’re in immediate danger of dating violence.

Injunctions against Repeat Violence

As the name suggests, an injunction against repeat violence becomes necessary after two incidences of violence against a petitioner. It doesn’t have to be actual physical violence —  threats of violence are enough grounds for this Injunction. However, the last act of violence must have occurred within the last 6 months of filing.

Injunctions against repeat violence are brought by petitioners who don’t fall under any of the previous categories. These include students, neighbors, co-workers, and family members who have never lived with the defendant.

Injunctions Against Stalking Or Cyberstalking

This protective order can be classified under injunctions against repeat violence. However, they specifically refer to cases of physical and cyber stalking instead of assault and other acts of violence. If you’ve been served with an injunction against stalking, you may be required to get treatment at your own cost. You may also be ordered to surrender your firearms to law enforcement among other special requirements.

How to Fight Against a Florida Restraining Order

Learn Effective Ways to Safeguard Yourself Against an Injunction in Florida

The consequences of an injunction often go beyond the legal repercussions stated in the order. For example, having an injunction on your record may influence an employer’s decision to consider you for a position. It can also affect your chances of renting or obtaining a suitable residential property and harm your reputation among social circles.

For these reasons, it’s important to fight a Florida injunction however you can. The best way to do this is by contacting your criminal defense attorney, who will help your case by:

• Helping you understand your legal position
• Reviewing the petition for injunction to determine loopholes you can take advantage of
• Determining potential defenses against the allegations put forward by the petitioner
• Helping you gather evidence to strengthen your case
• Preparing you on what to say and expect during a hearing
• Effectively representing your interests and arguing in your favor during the hearing.

Reach Out to the Florida Restraining Order Attorneys at Taracks & Associates ASAP!

Let Us Help You Handle Your Injunction Hearing

Injunctions are important in the Florida legal system because they help to protect victims from their abusers. However, in many cases, we find that vengeful petitioners use them as a weapon against innocent defendants in civil matters. If this is your situation, you shouldn’t allow the other party to take advantage of you without a fight. That’s particularly when you have formidable attorneys at Taracks & Associates to defend your rights.

At our law firm, we’ve been able to help individuals like you defend against all types of unfair injunctions filed against them. We can review your case and determine the appropriate strategy to defend the claims against you too.