Injunctions

What is an injunction for protection?

The laws of Florida allow those who claim to be victims of violence to seek protection from the courts by filing for an injunction for protection.  There are typically two parties to an injunction for protection, the petitioner and the respondent.  The petitioner is the person who is seeking the injunction.  The respondent is the person who is the subject of the injunction and who will be prohibited from contact with the petitioner if the injunction is granted.

Types of Injunctions

In Florida there are four types of injunctions for protection:

  1. Injunction for protection against repeat violence
  2. Injunction for protection against domestic violence
  3. Injunction for protection against dating violence
  4. Injunction for protection against sexual violence

What happens if an injunction is ordered?

An injunction for protection, sometimes referred to as a restraining order, is a court order which prohibits an alleged aggressor from having future contact with the person seeking the injunction.  Besides limiting contact between parties, there are other serious consequences that can affect you if an injunction for protection is ordered by a court.  These include:

  1. It will show up on your record in a background check.  Even though an injunction is a civil matter, it will show up on a background check and can be seen by potential employers, landlords, schools, and organizations (such as youth sports leagues and volunteer groups).
  2. The injunction can require you to surrender your firearms and ammunition during the pendency of the injunction. Even after the injunction expires, you may be unable to obtain a concealed weapons permit, or your concealed weapons permit may be revoked.
  3. If the petitioner and respondent have children, the court can order that all visitation between you and your children be supervised.
  4. You can be ordered to move out of your home if you share a home with the petitioner.
  5. Temporary child support can be ordered by a court without a full hearing.
  6. Further contact after the injunction is ordered can result in arrest for violating the injunction and/or stalking.

How we can help?

Hearings on injunctions are complicated and they typically occur in a very short period of time after a petition for an injunction is entered.  An attorney will assist you in defending against the allegations made in the injunction by:

  1. Seeking additional time to defend against the injunction if necessary.
  2. Help insure the attendance of witnesses who can testify in your favor.
  3. Cross examine witnesses against you and exploit inconsistencies in a hostile witness’ testimony.

Call Us Before You Go to Court

Cleaveland & Cleaveland offers a free consultation to discuss the specific facts of your case.  Don’t wait until the last minute!  Call today to find out how we can help!

Call for a Free Consultation

 (904) 642-2040