Marco Island Injunction Defense Lawyer

Marco Island Injunction Defense Attorney

Speak with an experienced Marco Island injunction defense lawyer today if you have a temporary or pending restraining order issued against you. Injunctions for protection, or restraining orders, are an important form of legal protection for countless victims. However, not every situation is under the same circumstances. For those with such a powerful court order against them, life can quickly become more difficult.

That’s why the professional legal team at the Law Office of Donald P. Day is here to provide quality restraining order defense for you. We’re here to counsel you throughout your civil case, ensuring that your rights are protected and to advocate on your behalf in all hearings and proceedings.

Looking at Injunctions in Marco Island, FL

An injunction, or a restraining order as it’s more commonly known, is a type of court order that acts as a warning and prevents one party from contacting another. Restraining orders are primarily used within cases of domestic violence or interpersonal disputes, meaning injunctions won’t result simply from a person disliking somebody else. Such issues may include stalking, sexual assault, threats, physical violence, harassment, and other forms of abuse.

In 2020, there were approximately 63,217 arrests related to reports of domestic violence across Florida. Additionally, more than 72,000 individuals called domestic violence hotlines seeking information, emergency services, and other assistance.

Each year, more than 10 million adults report instances of domestic violence within the United States. While restraining orders remain a crucial legal tool for many people, there are also many cases where an injunction may not be warranted and can even harm the person against whom it was issued.

Types of Injunctions for Protection in Florida

Temporary restraining orders are typically granted when the court deems it necessary, prior to a full hearing taking place. These injunctions often last around 15 days and either expire within this time or proceedings to obtain a final restraining order will follow.

During a hearing for a final injunction or permanent injunction for protection, the court hears evidence from both parties. If a permanent restraining order is granted, the injunction may last for a set amount of time or be considered indefinite.

What to Do If Threatened with a Restraining Order

If someone has successfully issued a temporary injunction for protection against you or is attempting to obtain a final restraining order, it’s crucial that you act quickly to protect your interests. It’s highly advised that you consult with a qualified injunction defense lawyer to ensure you fully understand the restraining order against you and the legal implications of violating the order.

In addition to obeying the injunction for protection, it’s also recommended that you collect any evidence relating to the event or incidents referenced in the protection petition. This can include physical evidence such as clothing, photographs, or other items. It’s also a good idea for you to retain all documents or records relevant to the case, such as emails, letters, phone records, and any information indicating your location at the time of the incident.

Your restraining order defense attorney can also help to further guide you throughout this process, including counseling you on what steps to take and working on your behalf to build an effective case.

Possible Repercussions of an Injunction Against You

Having a restraining order issued against you can make various aspects of your life more difficult and even impact your future in the long run. These are some of the potential consequences of having an injunction for protection against you:

• No contact with the petitioner of the order, including calling them, sending them written communication, trying to see them in person, or showing up at their home, work, vehicle, and other locations as deemed necessary by the court
• Move out of any shared residences and find new living arrangements
• Minimal to no contact with minor children shared with the protected individual, and possibly provide financial support to the petitioner or for children shared between the parties
• Legally prohibited from owning firearms or ammunition, which can affect those with careers that involve using weapons, such as law enforcement.
• Current employment, pending job applications, professional licenses, and entry into the military or scholastic institutions may be impacted.
• Final injunctions are enforceable in all states and may affect an application for citizenship.
• Violation of a final injunction can result in arrest and misdemeanor charges in the first degree.
• Stalking the injunction petitioner can result in an aggravated stalking charge, which is a third-degree felony.

Are Injunctions a Civil or Criminal Issue?

In the state of Florida, having an injunction of protection issued against you is not considered a criminal charge. For this reason, restraining order matters within Marco Island are most likely to be processed by the Collier County Clerk of the Circuit Court.

More specifically, injunction issues are processed by the venue’s Civil Department and within the Domestic Violence division. This venue is located at 3315 Tamiami Trail East, Suite 102 in Naples, FL 34112.

While an injunction is not a criminal matter, that doesn’t necessarily mean that criminal charges cannot follow or occur concurrently with the restraining order case. It’s critical that you work with a qualified injunction defense lawyer to prevent facing criminal charges or sustaining a conviction on your criminal record.

Do Restraining Orders Stay on Your Record?

In general, restraining orders do remain on your personal record since injunctions for protection are viewable in public court records. This is the case whether a temporary restraining order expired or extended into a permanent injunction. In some cases, even dismissed or denied restraining orders can remain in public records.

It’s worth consulting with a skilled lawyer about whether you qualify to have these records sealed or vacated. Having an injunction show up on background checks can result in difficulties when finding employment, housing, and even in any future interactions with law enforcement.

Marco Island Injunction Defense Lawyer | Restraining Order Defense

At the Law Office of Donald P. Day, our team of legal defense professionals has successfully represented countless clients against criminal charges and in interpersonal civil disputes. Contact us today to speak with an experienced defense lawyer for a restraining order about your particular situation.