Sanford Injunction Lawyer

If you currently feel like you are at risk of harm due to another’s behavior or actions, you may want to consider filing for an injunction. An injunction is a restraining order that is designed to provide a rapid means of protection for individuals. Basically, an injunction is a court order that prevents someone from doing something or coming into contact with another person.

Whether you are the person filing for an injunction or you need a defense against an injunction, you should consult with an experienced Sanford injunction lawyer. An attorney can help you navigate the complexities surrounding injunctions and protect your rights and best interests. Attempting to file a legal document can be overwhelming enough, but even more so when you are under the emotional stress normally associated with filing a petition for an injunction. Partner with our team at Fighter Law so you don’t have to go through the process alone.

What Does an Injunction Do?

An injunction is a civil court-ordered protective measure that is designed to preserve or prevent the loss of an asset, protect someone against personal harm, prevent loss or damage to reputation, or safeguard business or personal interests. Injunctions order one or more parties to carry out or refrain from doing a specific act. In Florida, there are six different types of injunctions:

These six injunctions fall into two categories. First, prohibitory injunctions order a party to refrain from doing specific acts. Second, mandatory injunctions require a party to perform a specific act.

3 Types of Injunctions

Commonly, the type of injunction will be decided and mandated by the court. There are three types of injunctions: 

Temporary 

A temporary injunction is commonly issued as a placeholder until something more enduring is able to be put in effect, such as a permanent injunction. These require a court hearing and a notice to the opposing party that an injunction is being put into place. These are valid for 15 days in the state of Florida. 

Preliminary 

A preliminary injunction is used to maintain the status quo until a court is able to make a final decision regarding the merits of the dispute. In order to obtain a preliminary injunction, you must first prove that without one, you are at considerable risk of harm. You are able to seek a preliminary injunction without notice to the opposing party. 

Permanent 

After a hearing with both parties, the court is able to issue a permanent injunction. This would permanently enjoin the opposing party from interacting with the petitioner. Other possible side effects of a permanent injunction include: 

  • No physical or verbal contact with the petitioner
  • Complete avoidance of the petitioner’s workplace
  • Full custody awarded to the petitioner
  • Ordering the respondent to surrender firearms
  • Ordering the respondent to participate in treatment

A permanent injunction commonly remains in place until it is dissolved by the court. 

How to Obtain an Injunction

There are two main parties involved in an injunction case. The petitioner is the person seeking protection, and the respondent is the person who allegedly committed (or threatened to commit) violence. To obtain an injunction, the petitioner needs to make a formal application to the civil court by completing the following steps:

  • Complete the applicable petition
  • Establish relevant grounds for the claim
  • Complete a witness statement or affidavit discussing material facts for the court’s consideration

While a petitioner must demonstrate different elements for each specific type of injunction, all petitioners must prove to the court that the requisite violence occurred. A judge will decide whether or not to issue an injunction. Once a judge decides that the petitioner meets the requirements, the judge will order a temporary injunction and schedule a final injunction hearing date as soon as possible. During the final injunction hearing, both parties have the opportunity to present their case.

While it is not required for the parties to have attorneys, it is highly suggested. Filling out the application and having sufficient evidence to meet the injunction requirements is not an easy task. Working with a skilled and knowledgeable injunction lawyer means having their experience throughout the entire process.

Contact the Experienced Sanford Injunction Lawyers at Fighter Law

Often, the circumstances that lead to filing for an injunction are complicated and emotional. Courts may have multiple injunction hearings set for any given day, thereby limiting the parties’ time before the judge. Filing for an injunction or defending against one is an intricate and sometimes confusing process. A talented lawyer can ensure that you are prepared for the hearings and provide much-needed legal counsel.

At Fighter Law, we strive to be the most skilled injunction lawyers in Sanford. We have the trial experience, skills, and resources needed to present your case effectively. Our board-certified team would be honored to help you through a difficult time. You can contact us at (407) 344-4837 or fill out our online contact form.