Ave Maria Injunction Defense Lawyer

Ave Maria Injunction Defense Attorney

If you are dealing with a pending or previous restraining order, an Ave Maria injunction defense lawyer can help with navigating this complex process.

An injunction for protection is an order issued by the court that prohibits one individual from having contact with another. Contact may include in-person, by phone, text message, email, through social media sites, or via a third party. The injunction will also prevent contact at specific places, including the petitioner’s home, work, car, and any other site deemed appropriate by the court.

Injunctions in Florida

An injunction is a court order that directs an individual to do or refrain from doing a specific act. In most cases, this is carried out through restraining orders. A restraining order is issued in civil, not criminal, court in Florida. The individual filing the injunction is called the petitioner, and the recipient of the injunction is called the respondent.

The implications of having an injunction filed against an individual can be serious. It may impact the ability to find and secure housing, apply for and be offered employment, be granted a security clearance, or apply for loans.

After being served with a notice of hearing or a temporary injunction, it may be prudent to consult with an attorney and contact the clerk’s office in the appropriate jurisdiction. The Collier County Courthouse is located at 3315 Tamiami Trail East, Suite 102, in Naples. The Lee County Courthouse is located at the Justice Center, 2nd Floor, 2075 Dr. Martin Luther King, Jr. Boulevard, Fort Myers.

Skilled Lawyer Providing Restraining Order Defense in Naples and Fort Myers

Our attorneys understand how confusing and overwhelming having a restraining order filed against you can be. There will understandably be significant disruptions to your daily life that may cause stress and worry. We will listen to the details of your situation and explain your options and responsibilities.

When you secure a skilled restraining order defense attorney, you will have an advocate to help you move forward through the complex legal process. Our lawyers have extensive experience in the area of injunction defense and providing one-on-one, personalized attention.

Potential Impact of Having a Final Injunction Filed Against You

There were 79,483 orders for protection against violence filed in Florida in 2023-2024. It is essential to comply with all aspects of the injunction in order to prevent additional legal action.

If a respondent violates the injunction for protection, there can be very serious consequences. Violation of the restraining order may result in the respondent’s arrest and a charge of a first-degree misdemeanor for each violation. Each violation carries a maximum one-year sentence under Florida law and a $1,000 fine.

There are many potential impacts of an injunction for protection for the respondent. Typically, there will be no contact with the petitioner, and time may be limited or supervised with children. The injunction may require the payment of support for the petitioner and/or minor children. The respondent may be required to move out of the shared residence.

The respondent is prohibited from possessing firearms and ammunition under state and federal law. If the respondent is employed as a law enforcement officer or in another position that requires the use of a firearm, their employment may be impacted.

Admission to the United States military, colleges, universities, and schools may be affected. An individual’s current employment or future employment applications may be affected. Any professional licenses held by the respondent may also be impacted. If the respondent is not a citizen, it may affect the application for citizenship and lead to deportation.

Understanding an Injunction for Protection

An injunction for protection or restraining order is a court order used in Florida, most often in cases of domestic or partner violence. Domestic violence centers provided emergency shelter to 12,543 individuals in 2024. There were 14 fatal incidents associated with domestic violence in Florida in 2023.

Resources to protect individuals against the threat of domestic violence are necessary and provide needed assistance. However, an injunction for protection or a restraining order significantly impacts the respondent.

Since restraining orders are handled through the civil court, they are a tool for prevention. The goal of an injunction for protection is to provide proactive protection and safety for the petitioner.

In Florida, a restraining order can be issued under a variety of circumstances. An injunction for protection in the case of domestic violence strives to protect the petitioner from a spouse, former spouse, another household member, or a co-parent. Individuals who are romantic partners or involved in an intimate relationship can seek protection through a dating violence injunction.

Victims of sexual assault in Ave Maria, can pursue a sexual violence injunction. Stalking injunctions seek to prevent individuals from following, harassing, or engaging in unwanted contact. Repeat violence injunctions apply to cases where two or more acts of stalking or violence have taken place by the same respondent.

Types of Injunctions for Protection in Florida

An injunction for protection in Florida can be temporary or permanent. If the court deems the petitioner to be in immediate danger, a temporary injunction may be granted. A temporary injunction is usually granted without the respondent being present in order to offer immediate protection to the petitioner.

A permanent injunction is issued in Florida by a judge following a hearing. During the hearing, the petitioner and respondent are given the opportunity to present applicable information to the judge. The respondent may choose to have an injunction defense attorney present and responsible for presenting their side of the story at this hearing. Based on the specific circumstances of the case, the judge will determine the specific conditions and length of the injunction.

The Impact of Florida Restraining Orders on Your Record

Domestic disputes that end in a restraining order may have serious implications for the respondent. Restraining orders offer preventative protection for victims but also impact the respondent. After a restraining order is issued, it becomes a public record. This is significant because potential employers, landlords, and any agency conducting a background check will see this information.

Injunction Defense Lawyer

The stress of dealing with a restraining order can be overwhelming, especially if your job or housing is impacted. Finding a skilled restraining order defense attorney can help ease your mind and provide realistic options. The team at the Law Offices of Donald P. Day has successfully represented countless respondents facing the same issues. Contact the office to discuss your case.