Bonita Springs Injunction Defense Lawyer

Bonita Springs Injunction Defense Attorney

When an individual feels they need protection from violence or harassment, they can file a restraining order or injunction for protection. However, a restraining order can occasionally be filed against an individual who is innocent of any alleged harassment or physical or emotional harm. If you’ve been wrongly accused, reach out to a Bonita Springs injunction defense lawyer for guidance.

Typically, restraining orders or an injunction for protection require notice to the party against whom the order is sought. This provides the opportunity to present both sides of the situation in court. A restraining order defense attorney may be critical to ensuring the court hears from both parties and prevents the restraining order from moving forward.

Experienced Bonita Springs Injunction Defense Lawyer

An experienced Bonita Springs injunction defense lawyer can assist if there is a pending, temporary, or permanent restraining order filed against you. The Law Offices of Donald P. Day provides personalized legal strategies for achieving the most favorable outcomes for clients.

Our firm practices in Naples, Fort Myers, and throughout Florida. Our attorneys have years of experience handling injunction defense, and our team will guide and counsel you through each phase of the legal process.

Understanding Restraining Orders in Bonita Springs, Florida

A restraining order or injunction for protection is a court order that provides protection from abuse or harassment and is most commonly used in domestic violence cases. A restraining order may be granted for actual or threatened physical abuse, depletion of assets, or psychological abuse. All procedures related to the restraining order will occur at the Lee County Courthouse, which is located at Justice Center, 2nd Floor, 2075 Dr. Martin Luther King, Jr. Boulevard, Fort Myers.

From 2023-2024 in Florida, certified centers provided emergency shelter to 12,543 men, women, and children seeking shelter from domestic violence. Additionally, there were over 75,000 calls to crisis hotlines from individuals seeking emergency services, shelter, and legal assistance as a result of a domestic violence situation.

Restraining orders and injunctions for protection may be valuable and necessary tools for someone experiencing domestic violence. Unfortunately, such court orders often lead to significant challenges for the person the order is filed against.

Steps to Take if an Injunction or Restraining Order Is Filed Against You

Statewide, in 2023-2024, there were 79,483 orders for protection against violence filed in Florida circuit family courts. Once a restraining order or injunction for protection has been granted, it is enforceable by law. It is essential to comply with all aspects of the restraining order. Failure to comply may lead to fines or even imprisonment.

Carefully read the document. It may be beneficial to have a restraining order defense attorney explain the responsibilities and the terms and conditions of the order. The order will outline who you need to avoid contact with, where you are not permitted to go, and things you are not permitted to do. You should keep a copy of the restraining order with you at all times.

You may want to explain the situation to your family and friends so they can help you avoid contact with the individual identified in the restraining order. You should develop a plan of contact with the other party, if necessary, and all communication should be conducted by your attorney.

You should not attempt to contact the petitioner under any circumstances. This includes going to their home or place of work, or any other location they frequent (houses of worship, schools, or homes of family members). Do not attempt to contact the petitioner by phone, email, text message, a third party, or social media sites.

You should take all possible precautions to avoid running into anyone named in the restraining order. Steps to take include avoiding the individual in public places, not speaking to the individual under any circumstances, and leaving the area swiftly if you do encounter the individual. Even accidental or innocent contact may lead to an arrest and misdemeanor charge, which will become part of your record.

Key Strategies for Fighting Allegations of Violating an Injunction

Restraining orders are handled in civil court, but a violation of the injunction for protection may result in criminal charges. Florida statutes govern these charges. The most common violations involve contact with the petitioner, not maintaining the required distance outlined in the injunction, and continuing to harass or abuse the petitioner.

Sometimes, injunctions for protection are used for unethical purposes, such as divorce or custody procedures, or personal disputes. An attorney can help you prove the restraining order was sought in bad faith, providing you with an avenue to defend your reputation.

If you are accused of violating an injunction, you may be able to demonstrate a lack of intent. If contact with the petitioner was unintended or accidental, you may be able to use this defense. Demonstrating inconsistencies from the petitioner and showing evidence that contradicts their claims may help your defense.

If the restraining order is not clearly written or contains ambiguous language, a defense around a lack of clarity may be possible. A restraining order must be properly served following Florida laws. Failure to follow the law may result in the invalidity of the violation.

Grounds for a Restraining Order

There is no cost for obtaining a restraining order in Florida. To obtain a restraining order, the petitioner must demonstrate sufficient grounds to the court. Typically, domestic violence is the most common reason for requesting an injunction for protection. Protective orders are issued in Florida for the following reasons:

• Domestic violence
• Dating violence
• Sexual violence
• Stalking
• Repeat violence

It may be beneficial to speak with and retain a restraining order defense attorney. A skilled attorney will be able to explain your rights, present you with relevant legal advice, and represent you in court. An attorney can also help you defend yourself at trial and assist you with gathering witness statements to strengthen your case.

Bonita Springs Injunction Defense Lawyer | Restraining Order Defense

A pending or active injunction can negatively impact your life in many ways. The team of legal defense professionals at the Law Offices of Donald P. Day has successfully represented countless clients in a similar situation facing civil disputes. To discuss your situation and learn how an experienced attorney can assist, call our office today.