Why Might a Court Deny an Injunction?



An injunction is an order from the court to either stop someone from doing something or to make them do something. Typically, an injunction is sought by one party for protection against another party. A court may grant or deny injunctions at any stage of litigation. If you seek an injunction against someone threatening to do you harm, there are a few reasons why the court may deny your injunction request. For the best chance of the court ruling in your favor, be sure to work with a knowledgeable injunction attorney.

The Three Main Types of Injunctions in Florida

Mainly, there are three types of injunctions available through the Florida court system. The first and most common type of directive is known as a temporary restraining order. This is essentially an emergency remedy that takes place without the other person’s knowledge to protect the one filing it. It is the easiest injunction to receive. This type of restraining order is temporary, and usually lasts between 10 and 20 days. At the conclusion of this period, both parties will present their case to the court for the court to consider a permanent injunction. Ultimately, the court may decide that injunction relief is not necessary.

A preliminary injunction is different from a temporary restraining order because it requires that both parties appear before the court and speak their case. During this injunction, the person the suit is against is ordered to stop the action or behavior described by the plaintiff until the litigation has ended. If the injunction is found unnecessary, that party can sue and receive compensation.

The final form is known as a permanent injunction. This is when the court finds that the terms of the initial injunction order should last indefinitely and is granted at the end of a lawsuit

When Will the Court Deny an Injunction?

If you are in immediate danger, a court will usually grant you a temporary restraining order while you figure out your case. If you are unable to prove right away that there are threats of physical harm, a judge will likely deny the injunction. Even if the legal system grants a temporary order, they can deny a permanent one.

The most common reasons injunctions get denied are:

  • Lack of details – If there isn’t enough information about what happened, who committed the crime, and other details, the court is not likely to go through with the case
  • Not enough proof – The court can’t decide on he said/she said cases. There must be solid proof, like police reports, visible injuries (or photographs of such), or recorded threats.
  • Inability to show a relationshipDomestic violence injunctions are for abusive relationships with close people, like husband and wife, family members, or roommates. You can even receive protection from a coworker if you can show the evidence. Lack of personal relations with the accused will mean the directive gets dropped.
  • Lying – If any part of the story is fabricated, exaggerated, or not truthful in any way, the judge has a right to deny the protection order.

A person accused of violence and served with an injunction can free themselves of this accusation if law enforcement didn’t follow due process guidelines.

Hire an Orlando Injunction Lawyer to Fight for You

The court can refuse an individual if there is no reasonable merit for an injunction. It’s best to call legal help as soon as possible. A lawyer will fight for your rights and make sure that, if you’re in danger, the court and legal system can protect you. Call Fighter Law at 407-344-4837 or schedule a free consultation with an Orlando injunction lawyer. Attorney Thomas Feiter is a board-certified trial lawyer with extensive experience representing victims of domestic abuse in Orlando.

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