An injunction is a court order initiated in a civil or criminal court of law issued to one or more parties. It is sometimes called a restraining order, stay-away order, protection order, or order of protection. The purpose of an injunction is to prevent acts that would cause one or more parties irreparable harm. An attorney experienced in handling these cases can help formulate strategies to present your case to the court. The petitioner and the respondent must have adequate evidence to support the case at a hearing, which is a trial. The trial can be scheduled for two (2) weeks from the date of filing the injunction or merely days from serving the injunction upon the respondent, which is a short time frame.
Types of Injunctions
Sometimes an injunction or restraining order is filed in a marriage headed to divorce or dissolution. Sometimes an injunction or restraining order is filed because a criminal act has been alleged. Examples are battery, stalking, domestic battery, aggravated assault with a deadly weapon, or assault with a firearm. In every case, the petitioner for an injunction must demonstrate to the court evidence that violence or the threat of violence occurred. A person seeking an injunction during a divorce or for a criminal allegation should not wait to find help. Sometimes, in high-conflict divorces, it is a combination of both.
Specialized Injunctions available in Florida include:
- Injunction for protection against repeat violence
- Injunction for protection against domestic violence
- Injunction for protection against dating violence
- Injunction for protection against sexual violence
- Injunction for protection against stalking
- Injunction for Protection against the Exploitation of a Vulnerable Adult
The Petitioner for an Injunction
Any person may file for an Injunction for Protection against Exploitation of a Vulnerable Adult. They must have reasonable cause to suspect that a vulnerable adult is being abused, neglected, or exploited. A vulnerable adult is a person that is 18 years or older that has mental, emotional, sensory, physical disabilities, or the infirmities of aging.
Only qualifying people may file an Injunction for Protection against Domestic Violence, also called domestic violence injunctions, DVI, or domestic injunctions. Qualifying persons include a spouse, former spouse, persons related by blood or marriage that have resided in the household in the past or currently, or the other parent of a petitioner’s children
Any victim that does not qualify in one of the above categories can file for an Injunction for Protection against Repeat Violence, Dating Violence, Sexual Violence, or Stalking.
The Respondent of an Injunction
The respondent of an injunction must understand the parameters of the court order to prevent violating the order, which could result in contempt of court. If an injunction is ordered, the judge may require the respondent to attend classes, have supervised visits with children, prohibit having firearms, and other appropriate sanctions. Even if the allegations are unfounded, the repercussions for violating an order can bring misdemeanor or felony charges, depending on the severity of the offense.
For non-compliance with the terms of the order, there are legal repercussions. Some of these include the respondent must refrain from contacting the petitioner, making threats, destroying property, or relocating from the residence as ordered. There are many reasons why petitioners file false allegations for an injunction, some of which are revenge, child custody battles, or mental illness. If an injunction has been ordered, it can be amended or dismissed under the court’s authority.
Alba & Straile PLLC believes in strong Advocacy for our Clients
Whether you are the petitioner or the respondent, it is crucial to have skilled legal representation. At Alba & Straile PLLC, we understand that your future and your reputation is on the line. We offer compassionate legal guidance and aggressive courtroom presentation. Our goal is to expedite a resolution and protect our clients’ rights, reputation, and safety.
With more than three decades of experience in family law and criminal law, Attorneys Gilbert J. Alba and Christian A. Straile can provide sound legal representation that will efficiently and effectively address all of your legal needs. We represent clients throughout Florida. Call us for a confidential appointment at our Gainesville, Florida offices at (352) 371-9141.