Injunctions and orders of protection are taken seriously in Florida, so anyone served with an injunction for domestic violence, dating violence, exploitation, stalking, or sexual violence or who is charged with violating an injunction should get legal assistance as soon as possible. A person who violates an injunction can face serious consequences, including criminal charges that could bring jail time, and having a final injunction on your record can affect your career, reputation, housing opportunities, and your ability to maintain a professional license.
Injunctions are designed to provide a rapid means of protection for individuals who are afraid of another person. The injunction is a court order that is available for free that prevents one person (the respondent) from doing something to or coming into contact with another person (the petitioner).
However, there are usually two sides to a story, and people exaggerate or make up false accusations against someone they are angry with every day. If an injunction has been issued against you, you need to fight back to defend against it and be very careful about anything you say or do. This is especially important if there is a pending or possible criminal case against you, as final injunction hearings are recorded and can be used against you in a criminal case.
That is why it is important to have an attorney to defend you. At Panella Law Firm, we have extensive experience in helping individuals facing injunctions and domestic violence charges. Panella Law Firm is an assertive and aggressive criminal defense firm that believes in justice and a defendant’s right to a fair trial. We are committed to preserving your freedom, asserting your rights, and working toward resolving your case.
Whether you are facing a first-time charge or a repeat offense, our Orlando injunction lawyers offer a free, confidential consultation to discuss the facts of your case and determine the best way to move forward. Call today to get help at 407-233-1822.
There are many attorneys in Florida, and it’s important for you to find one that you not only feel comfortable with but who has the experience necessary to fight these charges. Here are some reasons why we think Panella Law is your best choice:
When you have our Panella Law team on your side, we will start working for you immediately. We will:
Many times, arguments from our attorneys can make all the difference between your walking out of the courtroom with a permanent, final injunction and walking out without one. When you retain Panella Law, we will take the burden off you by handling all legal requirements and hurdles involved in getting your life back on track.(callout) Call us today to discuss your case at 407-233-1822.
The injunction process in Florida begins when a petitioner asks the court for a temporary injunction. A judge should review it within 24 hours of filing, and the local sheriff will serve you with the injunction paperwork. It is then up to you to defend against the injunction.
The court then sets a final hearing date fifteen days later, to determine whether a permanent injunction is warranted. At this hearing, you and your attorney can provide evidence and witnesses to support your position. To defend against the injunction, you should learn about the elements the petitioner must prove against you before a permanent injunction can be granted.
You should never agree to an injunction against you and never contact the person filing the injunction. According to the law (Florida Statute 741.31), if you contact your partner, you are in violation of the injunction and can be arrested and charged with a separate crime – a first degree misdemeanor punishable by up to a year in county jail and a $1,000 fine.
Injunction hearings are very serious and follow strict legal rules, so it is important for you to have proper legal representation to avoid having a permanent injunction placed against you.
When faced with any type of injunction, you are likely to be unsure of what to do and have numerous questions. While individual concerns are best addressed at your free consultation, to get you started, here are some answers to questions our attorneys are often asked:
How long will a temporary injunction be in effect?
A temporary injunction generally lasts for fifteen days or, if the respondent is in jail, for fifteen days after the respondent is released from prison. In some situations, the court may grant a continuance of the injunction hearing.
How long will a permanent injunction last?
There generally is no time limit for a permanent injunction which remains in effect until changed or dissolved at a later time. Both the petitioner and respondent may attempt to get a modification or dissolution of the injunction through the courts.
What happens if an injunction is violated?
If the injunction is violated, the person who willfully violates it can be charged with a misdemeanor in the first degree, which is punishable by up to one year in county jail.
What’s the difference between a restraining order and a protective injunction?
A restraining order is only a short-term solution until a hearing occurs for a protective injunction. Once the hearing happens, a domestic violence protective injunction can be put into effect if the judge believes it is required to keep the petitioner safe.
What are possible consequences of an injunction?
An injunction cannot be sealed or expunged so information about it becomes part of the public record, available to employers or landlords who wish to investigate you. Injunctions can also negatively affect family law proceeds such as a custody dispute and hearings for child support or alimony. The accused also loses their right to carry firearms.
What defenses can an injunction defense lawyer use?
The defenses our Panella injunction and domestic violence defense lawyers use depend on the circumstances of your individual situation, the acts you are being accused of, the available evidence, the injuries that resulted, and the specific charges against you.
When you have Panella Law Firm on your side, we will be there for you throughout the entire legal process, keeping you informed, and answering your questions and concerns. Call today at 407-233-1822.
If you are hit with an injunction in Florida, our Orlando defense lawyers at Panella Law Firm know how to help fight the charges and protect your rights. Panella Law Firm is a tough and aggressive criminal defense firm that believes in justice and a defendant’s right to a fair trial, and we handle a wide range of domestic violence and criminal defense cases. Our legal team is committed to preserving your freedom, asserting your rights, and working toward a successful resolution of your case.
Call us today at 407-233-1822 to get started with your free, no-obligation consultation.