An injunction, sometimes known as a restraining order, is a legal court order that instructs one party to do, or not do, specified things. An injunction can keep you and others, like children, safe from danger by requiring the person who poses a threat to refrain from contacting you or being near you, among other things. If you are the victim of or believe you are in imminent danger of becoming the victim of physical or emotional abuse, you can petition for an injunction.
Attempting to handle the matter alone can be overwhelming if you are a respondent in an injunction. For instance, getting any steps wrong in this sensitive matter can lead to more serious crimes on your record that might have a profound and lasting impact on your life. For example, the order can prevent you from returning to your family home. Contacting an experienced Florida injunction attorney at Fighter Law can help you to traverse these unfamiliar lands.
The Injunction process begins when someone files a petition for an injunction at any of these locations. The staff helps the person fill out all obligatory paperwork that is taken to a judge for review. If the judge decides that the sworn accusations contained in the paperwork pass the threshold of the requirements of Florida law for the issuance of an injunction, they will issue a Temporary Injunction valid for 15 days. The respondent must be served before the protections outlined in the order go into effect. The hearing will be set within this time frame, 15 days.
During the Injunction hearing, the judge will resolve whether to grant a Permanent Injunction after considering all evidence provided. The permanent injunction will be effective until it is changed or ended by the judge at either party’s application, after notice and hearing, or until a specific date set by the judge. It is important to note that Florida injunctions are enforceable in all counties of the state and nationwide.
Whether you are a petitioner or respondent, hiring an injunction lawyer early can make a big difference in the trial and outcome.
The law can be tricky, even for people who work in the field. Having a professional with years of experience working with your particular case type gives you the best chance of getting a favorable outcome.
You’ll be hanging yourself out to dry if you lack the necessary experience in court procedures and rules. Hiring a lawyer will coordinate the collection of evidence like witness reports, police reports, 911 emergency calls, or video surveillance.
In some cases, like in an emergency protective order, you may be unable to see or speak to your children until the court settles your filing. This may take a long time, affecting your relationship with your children. When Fighter Law attorneys are fighting for you, we have your best interest at heart.
By hiring an injunction attorney, they can help you get alimony or child support from your ex-spouse. This will help you feel more secure in the transition, especially when your ex-spouse was the breadwinner. We can also help with compensation claims against the abuser.
Oftentimes, domestic violence injunctions have a compulsory Next Day Arraignment to enforce a criminal order of protection in the victim’s favor. The first step in this process is meeting with the family relations office to conduct a severity screening and table recommendations of the court on the restraining order type.
An Injunction attorney will guide you during your case arraignment and act as your liaison among the decision-makers to ensure their decisions consider your interests. In some cases of domestic violence charges, it’s better to avoid meeting with family relations. Everything you say can be used against you in court.
If you require protection for any of the reasons mentioned above or are a respondent in an injunction hearing, contact the experienced, board-certified injunction attorneys at Fighter Law. Our team is available and understanding in any situation. We can review your case and may be able to provide the evidence and legal resources that help you receive the best outcome.
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