Naples Injunction Defense Lawyer

Naples Injunction Defense Attorney

Restraining orders serve an important purpose for individuals wishing to protect themselves and their loved ones from apparent harassment. However, for those whom these court orders are filed against, there can be serious long-term consequences. Be sure to consult with a skilled Naples injunction defense lawyer if you have a current or previous restraining order against you.

With the help of an experienced restraining order defense professional, you can find the most effective way to move forward from unfortunate circumstances. At the Law Office of Donald P. Day, our team not only has experience with handling injunction defense, but we are also qualified to assist clients with court order violation accusations, domestic violence charges, and criminal appeals petitions.

Understanding Restraining Orders in Naples, FL

In the state of Florida, a restraining order, also referred to as an injunction for protection, is a type of court order frequently used in domestic violence cases and other forms of interpersonal disputes. Injunctions are issued with the purpose of protecting an individual from perceived threats or alleged harm. This may include different forms of harassment, physical abuse, stalking, sexual assault, and other types of interpersonal violence.

On an average day, there are reportedly over 19,000 calls made to domestic violence hotlines across the United States. During 2020, more than 106,000 instances of domestic violence were reported to Florida law enforcement agencies, with approximately 63,217 subsequent arrests.

While domestic violence resources, including restraining orders and injunctions for protection, are undoubtedly important and necessary, such court orders can result in significant problems for the person against whom the injunction is issued.

Is an Injunction a Criminal Charge in Florida?

Having an injunction issued against you is not considered a criminal charge in Florida. Due to this, restraining order issues are processed within the civil court. For cities within Collier County, such as Naples, cases are most likely to be handled by the Collier County Clerk of the Circuit Court, specifically within the venue’s Civil Department – Domestic Violence division. This venue is located at 3315 Tamiami Trail East, Suite 102, Naples, FL 34112.

However, even though a restraining order isn’t criminal in nature, that doesn’t mean there aren’t impacts on your criminal record or that the case can’t occur concurrently with criminal proceedings. Additionally, if you violate the terms of a restraining order, it is possible for you to face arrest and criminal charges.

Types of Restraining Orders in Naples, FL

The first type of injunction typically issued is a temporary restraining order, which is granted prior to a full hearing taking place. These orders are generally valid for a maximum of 15 days total, followed by the court holding a hearing to determine whether a final order is warranted. Whether the temporary injunction expires or is extended, the record of its issuance may still be accessible to outside parties.

If a permanent or final restraining order is granted by the court after a full hearing, its duration may be set as indefinite or for a specified period. Depending on the circumstances of the case, the set time may be for a few months, a year, or longer if the court believes the threat is ongoing. Final injunctions remain on public records unless successfully sealed or vacated by the respondent party.

Potential Consequences of an Issued Injunction

There are multiple actions an injunction for protection may put into effect. For example, unless otherwise specified by the court, the restraining order can include someone being prevented from contacting the other party by phone, written communications, in person, or through other methods. An injunction can also demand that an individual stay away from the protected party’s work, home, vehicle, and other restricted locations deemed necessary by the court.

Restraining orders can also impose that the issued party remain a certain distance away from the petitioner, regardless of whether the two individuals share property or children. An injunction can affect child custody, potentially resulting in the respondent having no contact with their children, getting supervised, or limited parenting time. The respondent may also be required to leave their residence if shared with the petitioner.

An injunction for protection appears in public court records and even background checks, whether the restraining order was temporary, granted as permanent, dismissed, or denied. This means that a restraining order filing can impact your interactions with potential landlords, employers, and law enforcement for the foreseeable future. With a lawyer’s help, you may be able to have the records sealed, but otherwise, the incident can remain on your record indefinitely.

Do I Need a Lawyer If Someone Files a Restraining Order Against Me?

Whether a restraining order against you is temporary or permanent, it’s a good idea to consult with a qualified injunction defense lawyer for multiple reasons. Your lawyer is there to act as your counsel and representation, meaning they can help you understand the legal implications of the injunction issued against you. It’s crucial to remain aware of what actions or behavior may result in a restraining order violation, which can bring criminal charges against you.

If you have been served with a temporary injunction for protection, it is crucial that you act early, even if you believe the situation is a simple misunderstanding or that you have a good defense. While a restraining order is not a criminal charge, it is possible for you to incriminate yourself during the proceedings.

Additionally, violating a final injunction of protection can result in your arrest and misdemeanor charges in the first degree. Stalking the petitioner of the restraining order can also result in an arrest and potentially an aggravated stalking charge, which is a third-degree felony. By working with an experienced defense attorney, you can avoid instigating a concurrent criminal case.

Naples Injunction Defense Lawyer | Restraining Order Defense

Feel confident in your legal representation when you entrust the team at the Law Office of Donald P. Day to oversee your restraining order defense. Our lawyers are prepared to work tirelessly to build a strong case on your behalf. Reach out to us today to schedule an initial consultation with a qualified criminal defense attorney.