When there’s a history of domestic, sexual, or other type of violence, it’s necessary to use legal measures to stay safe. When one individual threatens the well-being of another, the victim may seek protection through an injunction.
To get an injunction in Florida, a person must file a petition with their county’s Clerk of Court. The legal system gives out a temporary restraining order when an individual needs immediate protection. To keep the regulation, the victim must come to court and explain why they filed the petition. If the judge decides they have a legitimate reason for submitting the request, the temporary restraining order becomes a full injunction.
An injunction is meant to force a person to stay away from the individual that they’ve harassed or threatened. Restraining orders are most often filed against abusive romantic partners, but other common reasons to get an injunction include abusive/destructive family members and online stalkers and bullies.
In Florida and other states, violating a restraining order can have intense consequences. If a person breaches the order, they can face severe criminal and civil penalties including probation or even jail time.
You must state your case in front of a court when pursuing an injunction, and preferably there should be proof or witnesses to the abuse. If you don’t have either, it’s good to have a lawyer present.
The following situations can result in an injunction:
If you’re not sure whether your situation warrants an injunction, discuss your case with an experienced attorney. They can inform you of all your legal options to help you obtain much-needed peace of mind.
If an individual receives a ban against a marital or domestic partner, it can provide them relief in the following ways:
You should call the police in any case of abuse, as they can file an official report that then gets used in court to justify the need for a permanent injunction.
A temporary restraining order is given to a person by the court before the injunction becomes official. In other words, they are temporary injunctions. If an interim rule is in place, both parties must attend a scheduled hearing. Depending on the results of the trial, a judge may determine that it’s necessary to have a permanent injunction in place. The individual whom the order is against must abide by all the stipulations laid out by the court. The law also cannot be appealed.
If you or a loved one has questions concerning injunctions, don’t hesitate to contact a dependable law firm that will tend to your needs during this difficult time.
At the Fighter Law Firm, we pride ourselves on our concern and care for customer service and can clearly explain our process during your consultation. We are passionate about fighting for your rights and will take the necessary legal action on your behalf. Call us today at (407) 344-4837 to get started with your free consultation.
Fill out the form below for a free evaluation of your case.
Ask Us a Question!