Orlando Injunction Lawyers

Yes, text messages can be used in injunctions. However, anyone can fake text messages. Therefore, in order to get them entered into evidence for the court to consider, you have to authenticate them. In other words, there has to be something that shows that the other person in fact sent you the text messages. Circumstantial factors can be used to “authenticate” the text came from a particular person. The case to read on this point is Walker v. Harley-Anderson, 45 Fla. L. Weekly D2116a – a 2020 4th DCA case. Some of the factors include context like the person’s name being contained in the messages; other witnesses who can testify that they have communicated with that person at that number, addresses, things like that which can be linked back to the person.

Usually, yes. Absent exceptional circumstances, the court will usually dismiss or throw out the injunction and the respondent will be free to go. As your go-to Orlando injunction attorney, we can tell which judges are likely to do this – and which are not!

If the petitioner indicates to the court that he or she still wants the injunction, the court will usually grant the petition and enter an injunction against the respondent. The court will want to see proof that the respondent was served with notice of the hearing, however.

Yes. Florida law specifically allows for that. The party (or parties) must petition the court to modify or dissolve the injunction. But be warned – the injunction will NOT be considered amended or dismissed until the judge signs an order indicated such.

The court has the authority to order you not to have any contact with the petitioner, to order you to attend classes (including the batterer’s intervention program), to prohibit you owning or possessing any firearms, to have supervised visitation with any children in common and any other conditions the court deems necessary to protect the petitioner.

To get a judge to enter a social media post into evidence (so it can be considered for the injunction), you must authenticate it. The court wants to make sure that it is not a fake and that it actually what you say it is. Proper authentication requires only that the proponent of the evidence make out a prima facie case that the proffered evidence is what it purports to be.

You can request a subpoena for business records to Facebook or Twitter or Instagram. Simply call the custodian of records for any of those companies, but that is not really realistic. Another option is to use a screenshot. You can then testify that the screenshot is what you saw on social media when the other person posted it.

You can authenticate evidence by its appearance, content, substance, internal patterns, or other distinctive characteristics considered alongside the circumstances. Additionally, you can authenticate the evidence by presenting extrinsic proof or demonstrating that it meets the requirements for self-authentication. Lamb v. State, 246 So. 3d 400 (Fla. 4th DCA 2018).

Authentication for the purpose of admission is generally a low threshold. A witness just has to say they took the picture or they know the picture is what it purports to be. The reliability of it (and hence, how much weight to give it) is up to the judge in civil injunction cases.

Here are two recent cases on point:

In Facebook Messenger Gilbert v. State, No. 2D19-1622, 2021 WL 2385832 (Fla. 2d DCA 2021), the victim authenticated the screenshots of the conversation with the defendant by testifying about their extensive history of communicating over Facebook Messenger. The victim confirmed that the defendant’s real name and profile picture appeared in the screenshots and that the messages referred to details only they would know. The court found this sufficient for authentication.

In State v. Torres, 304 So. 3d 781 (Fla. 4th DCA 2020), the court determined that the trial court should not have excluded screenshots of text messages from a messaging app. The appellate court ruled that the contents and distinctive characteristics of the messages satisfied the prima facie requirement for authentication. The court concluded that the State presented enough evidence to show that the other party authored the messages.

The court must serve you for the injunction process to proceed. Due process requires the respondent to receive the injunction papers before the final hearing. If the court never serves you, the injunction is unenforceable, meaning you cannot violate it. If the court enters a final order without serving you, that is a reversible error and should be undone. Contact our Orlando injunction attorney for legal guidance if this happens.

The length of an injunction in Florida varies. A temporary injunction typically lasts only a few weeks, whereas a final injunction, following a full hearing, can last for months, years, or even indefinitely. A Florida injunction attorney from Fighter Law can analyze your case and prepare you for hearings so your interests are best represented.

It is a crime to breach a no-contact order, punishable by arrest, criminal charges, and even imprisonment. Transgressions must be reported immediately and thoroughly documented. Conversely, if charged with breaching an order, injunction lawyers can argue your case to protect your rights.

Yes. Courts typically consider the safety and well-being of children when issuing restraining orders or injunctions that may restrict contact with a parent until a settlement is reached. Our Orlando injunction attorneys are experienced in handling cases where custody and family life are at stake.

If you are in danger, you don’t have to wait. Florida courts permit you to request a temporary injunction immediately, which provides you with legal protection until the final hearing takes place. Our Orlando injunction lawyers will ensure that your petition will get heard and decided as soon as possible.

Yes. If things change, the court may alter or rescind the order. A top Florida injunction lawyer from Fighter Law can prepare the right documents, make your case, and walk you through a convoluted and nuanced process.