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If you have ever been accused of domestic violence, you may be wondering, “What is an injunction in Florida?” There are several types of injunctions, but they are all filed in civil court by someone who is seeking court-ordered protection from another person. In Collier County, petitions for injunctions are filed at the Collier County Courthouse in the Collier County Government Complex. The building is located at 3315 Tamiami Trail East, Naples, Florida.
In Florida, injunctions, also referred to as restraining orders, are protection orders from a judge. An injunction prohibits the person named in the order from going within a specified distance of the complainant’s place of work, home, or other places the judge may reasonably expect them to be. An injunction is not meant to put the person named in jail. However, if you break an injunction, you could be charged with criminal charges.
Types of Injunctions in Florida
Injunctions are meant to keep the complainant safe from violence. A complainant may choose which type of injunction they wish to file based on their relationship with the named person and what type of violence or harassment occurred. There are five types of injunctions:
- Domestic Violence Injunction: If the complainant lives with the defendant as “family,” or has a child with them, and they claim violence has occurred, they may file a domestic violence injunction. Family includes spouses, ex-spouses, people living together but not married, parents, grandparents, and more. Domestic violence claims in Collier County were reported at a rate of 421.7 per 100,000 people in 2020.
- Sexual Violence Injunction: If the complainant does not meet the criteria for domestic violence, they may file a sexual violence injunction if they claim to have experienced sexual battery, there was a lewd act in the presence of a child under 16, the defendant committed a felony where sexual violence occurred, or the defendant committed certain other sexual acts in the presence of children.
- Dating Violence Injunction: If the complainant claims they dated the other person within the last six months, had a reasonable expectation of affection or sexual intimacy, and interacted with them frequently, and violence occurred, they may file a dating violence injunction.
- Repeat Violence Injunction: If none of the three main types of injunctions apply to the complainant’s situation, but the other person committed violence against them at least twice, they may file a repeat violence injunction.
- Stalking Injunction: If the complainant claims at least two instances of stalking or cyberstalking, they may file a stalking injunction.
If you have been served with an injunction in Florida, you may be worried about your rights, your reputation, and even your freedom. An injunction defense lawyer can help you understand your legal rights, your options for defending yourself against an injunction, and how you can potentially remove the injunction from your record.
Hire an Injunction Defense Lawyer in Florida
An injunction defense attorney from the Day, Gorman & Hopkins, PLLC can give you your strongest chance of defending yourself against a restraining order in Florida. Depending on what type of injunction you are served with, our legal team can gather evidence and interview witnesses to help you prepare for your case. We can also represent you in court, using our trial experience to try to get your injunction dismissed.
The consequences for violating a restraining order range from financial penalties to criminal penalties as a result of felony charges. Hiring a skilled injunction defense lawyer is key to getting your injunction not only dismissed, but potentially removed from your record.
FAQs
Can I File a Competing Injunction in Florida?
You can file a competing injunction in Florida; however, according to Florida Statute § 741.30(i), the court may not issue a mutual order of protection. The court may, however, issue separate injunctions for protection against domestic violence if both parties have complied with the provisions listed in the Statute.
Can I Lose Parental Rights if I Am Served With an Injunction in Florida?
Yes, you could lose parental rights if you are served with an injunction in Florida, especially if the injunction is for domestic violence. The court may:
- Limit or revoke visitation
- Require supervised visitation with your child, according to Florida statute § 61.13
- Prevent you from attending your child’s school activities
- Keep you from communicating with your child
- Order you to pay support for your minor children
An experienced injunction defense lawyer can help you defend your parental rights and protect you against unfair financial support orders.
How Powerful Is an Injunction?
An injunction is a powerful legal order from a judge. A judge may choose to order the accused to stay away from the plaintiff, force them to leave the dwelling shared with the plaintiff, give the plaintiff temporary full custody of shared children, or award the plaintiff custody of pets. A knowledgeable injunction defense lawyer from our firm can help you defend your rights and protect your reputation.
How Long Does an Injunction Last in Florida?
An injunction in Florida can be temporary or final. A temporary restraining order can last several days or until the final hearing, whichever comes first. After the hearing, if the judge approves a final restraining order, it can last for a set time or indefinitely. The judge may also dismiss the plaintiff’s request. When you hire an injunction defense lawyer before your hearing, they can potentially help you block the temporary injunction or fight the final injunction.
Work With the Day, Gorman & Hopkins, PLLC
At the Day, Gorman & Hopkins, PLLC, our criminal defense attorneys have a combined 60 years of legal experience in the Collier County Courthouse. All of our attorneys are former prosecutors in the 20th judicial circuit court, so we can help you understand the court processes and how to protect your rights when faced with an injunction.
When your reputation is on the line, don’t fight an injunction alone. Contact us today to schedule a consultation and learn how we can help you.
