Types of Injunctions under Florida Law

A court can issue an injunction to protect someone from harm, harassment, or unwanted contact. In Florida, there are five types of injunctions:

1. Domestic Violence Injunction - Domestic violence injunctions are intended to protect victims of domestic violence from further harm by their spouses, cohabitants, or other family members.
2. Dating Violence Injunction - Injunctions issued for victims of violence or threats of violence committed by their partners.
3. Repeat Violence Injunction - An injunction for victims who have suffered from two or more acts of violence or stalking committed by someone who is not their family member.
4. Sexual Violence Injunction - For victims of sexual violence, this type of injunction is intended to protect them from further contact or harm.
5. Stalking Injunction - Protects victims of stalking from further contact or harm from their stalkers by granting them an injunction against stalking.

Injunctions can have severe consequences for the person against whom they are issued, so they should be taken seriously. An experienced injunction attorney should be consulted immediately if you have been served with an injunction.

Procedure for Obtaining an Injunction

The process of obtaining an injunction in Florida involves several steps, each of which must be completed in accordance with the rules and procedures established by the court. These steps are:

1. Filing a Petition - The first step in obtaining an injunction is filing a petition with the court. The petition should include detailed information about the incidents that have occurred, including specific dates, times, and places, and why the petitioner believes an injunction is necessary. The petitioner must also provide information about the relationship between the petitioner and the person against whom the injunction is sought (the "respondent"). This information may include details about the nature of the relationship, any prior incidents of violence or harassment, and any other relevant information.
2. Temporary Injunction - If the court determines that there is sufficient evidence to support the issuance of an injunction, it may issue a temporary injunction. This type of injunction provides immediate protection for the petitioner while the case is pending. The temporary injunction may include provisions such as a requirement that the respondent have no contact with the petitioner, stay a certain distance away from the petitioner, or refrain from engaging in certain activities.
3. Service of Process - Once the temporary injunction has been issued, the next step is to serve the respondent with a copy of the injunction and a copy of the petition. Service must be made in accordance with the rules of the court, which may require personal service by a law enforcement officer, service by certified mail, or service by publication. The respondent must be given an opportunity to respond to the allegations contained in the petition and to defend against the issuance of a permanent injunction.
4. Hearing - After the respondent has been served, a hearing will be scheduled to allow both the petitioner and the respondent to present evidence and testimony. The petitioner will have the opportunity to present evidence to support the allegations contained in the petition, and the respondent will have the opportunity to present evidence to refute those allegations. The court will then make a determination as to whether a permanent injunction should be issued.
5. Permanent Injunction - If the court determines that a permanent injunction is necessary, it will issue an order setting forth the terms and conditions of the injunction. The permanent injunction may include provisions such as a requirement that the respondent has no contact with the petitioner, stay a certain distance away from the petitioner, or refrain from engaging in certain activities. The respondent must comply with the terms of the injunction, and any violation of the injunction can result in serious consequences, including arrest and imprisonment.

A skilled and experienced attorney can help you navigate the complicated process of obtaining an injunction or defending yourself against one and ensure that your rights are protected.

What Should I do if I am Served with an Injunction?

Taking immediate action is important if someone files an injunction against you in Florida. You should consider the following steps:

1. Seek Legal Advice - Consult with an experienced criminal defense attorney as soon as possible. Your rights and the legal process can be better understood with the assistance of an attorney.
2. Attend the Hearing - You must attend the hearing that has been scheduled to determine whether a permanent injunction should be issued against you. Preparing to present evidence and testimony in your defense is important.
3. Comply with the Temporary Injunction - You must comply with a temporary injunction if one has been issued against you. It is possible to be arrested and imprisoned if you violate a temporary injunction.
4. Prepare a Defense - Prepare a defense against the allegations contained in the petition with the help of your attorney. As part of this process, evidence may be gathered, witnesses may be interviewed, and written submissions may be prepared for the court.
5. Present Your Case - Attend the hearing and present your case to the court. Be prepared to answer the judge's questions and address any evidence or testimony presented by the petitioner.
6. Follow the Permanent Injunction - You must comply with the terms of a permanent injunction if one is issued against you. It is possible to be arrested and imprisoned for violating a permanent injunction.

Injunctions are legal orders issued by a court, and they must be taken seriously. If you have been served with an injunction, you should immediately seek the advice of an experienced criminal defense lawyer.