Gainesville Personal Injury, Divorce and Alimony Attorney

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01/10/2014
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Served Injunction Paperwork In Florida?

First, determine whether the Court did or did not enter a temporary injunction. An injunction is an order from the Court telling the Respondent in the case to not do certain things and stay away from certain places. A person who violates an injunction can be held in contempt of court AND can be charged with a separate criminal offense. Violating an injunction leads to jail quite often.

Second, the case must be prepared in full and be ready to be presented to the Court on the day of the hearing. The hearing date is the TRIAL. The hearing is the final hearing, the only hearing that may ever be had, it is the one and only shot to defend the case and avoid a permanent injunction. If the plan, after being served an injunction, is or was to go to court on the day and find out what the options are, then the Court will likely advise that the options are to accept an injunction or have a final hearing. The Court cannot give legal advice. The Judge is there to make a final decision and not to advise.

It is very difficult to have subpoenas served and evidence gathered in time for the hearing which can be in as little as a week or two. That is why it is important to get started right away. Injunctions are civil cases; a person cannot go to jail in a civil case (unless they violate the injunction). Because injunctions are civil cases (unless violated), a person does not have a right to have a lawyer appointed. If assistance is wanted a lawyer must be hired. You always have the right to hire a lawyer. Upon receiving injunction paperwork, a defendant must act quickly. Please click or call to hire an injunction lawyer.

Gainesville (352) 371-9141

Ocala (352) 694-4529

Florida Traffic Ticket Hearing Requirements

In Florida speeding tickets for less than thirty (30) over the speed limit do not require a hearing. There are three (3) choices: 

1. Pay it

2. School it

3. Court it

If you pay it, then that is an admission of guilt and points will be assessed on your license. (3 or 4). Points on a license can affect insurance rates and employ-ability well into the future.

School can be chosen only once every twelve (12) months and five (5) times in a lifetime. People who have a CDL (Commercial Driver’s License) cannot choose school to avoid points on the license. If the accused holds a CDL, then the only way to avoid points is to take the ticket to court.

If you are not licensed by the State of Florida, your home state may not honor the entry of ‘no points’ or no ‘conviction’ upon the choice to elect school. Some states do not consider the school election a court order that must be followed. You may have to elect Court to avoid points on your driving record. To check with your home state visit http://www.ACASLaw.com/Resources.shtml, scroll down to find the licensing state and follow the link.

In any civil traffic ticket/infraction case, including any speeding ticket (even appearance required), the Defendant does NOT have to go to court. A lawyer can go on behalf of the accused. However, because it is a civil case, there is no right to have a lawyer appointed. Therefore, if you want to have representation, you will have to hire your own lawyer. Please click, call or fill out the form to begin the process of representation.

Gainesville (352) 371-9141

Ocala (352) 694-4529