Panella Law Firm accepts cases throughout Florida
Orlando Injunction Defense Lawyer
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.
Our Orlando Injunction Lawyer Can Help You
Why Choose Us
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:
- We are experienced and committed to defending the rights of those who stand accused. Attorney Michael Panella served as an Assistant Public Defender before turning to defense, so he knows how to deal with aggressive prosecutors. Associate attorney Huda Saleh focuses her practice on complex criminal litigation, at both the trial and appellate levels, and family law matters. As a skilled family law attorney, she is dedicated to representing her clients in various family-related legal issues.
- We are recognized in our field. Among the many awards we’ve won are:
- The 2017-2020 Client Choice Award.
- Super Lawyers 2019–2022
- Michael Panella has a perfect 10.0 Avvo rating and was named by the National Trial Lawyers as one of the 40 under 40 in the legal profession.
- We get results, have a long record of success, and have many satisfied clients. You can read their testimonials to prove it.
- We are assertive and aggressive in defending your rights, and we know how to negotiate with prosecutors to have charges reduced or dropped. If your case winds up in trial, we will strategize to contest the prosecutor’s case and work for your acquittal.
- We provide free consultations to find the best way to defend you.
How Our Orlando Injunction Defense Attorney Works for You
When you have our Panella Law team on your side, we will start working for you immediately. We will:
- Meet with you to listen to your version of what happened and determine the best way to handle your defense.
- Investigate the circumstances of your injunction and gather evidence to prove that the petition contains false information. Evidence may be texts and emails, photos and videos from surveillance cameras, police reports and records, and interviews with witnesses.
- Advise you as to how to deal with the charges and make sure you avoid contact with the victim. If the victim does not wish to pursue charges, we will seek to modify no-contact orders by filing a motion to modify the conditions of release. This shows the prosecution that the victim wants the case dropped and allows you to resume contact.
- Consider filing an answer to the injunction to show your point of view and prevent the petitioner from making any changes to the original petition.
- Consider taking the deposition of your accuser.
- Look for flaws in the case against you and mistakes made by police and prosecutors, such as improper search and seizure and failure to read Miranda rights.
- Represent you at a hearing a hearing in front of a judge and build a case for you to prevent a temporary injunction from becoming permanent.
- Help you enroll in counseling programs that can show the prosecutor you are responsible and increase chances of resolution without proceeding to trial.
- If necessary, prepare you to go to trial and prevent you from saying or doing anything to incriminate yourself or hurt your case.
- Litigate aggressively on your behalf it the case goes to court and file any appeals necessary.
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.
Injunction Defense Attorney Explains How Injunctions Work
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.
Types of injunctions in Florida include:
- Domestic violence injunctions for acts of assault, battery, kidnapping, stalking, false imprisonment or any criminal act that causes physical injury or death to a family or household member by another family or household member are critical services provided by a lawyer for divorce in Orlando. This requires proof that the petitioner was or had reason to believe he or she will be the victim of domestic violence.
- Dating violence injunctions for violence between those who had or have an ongoing intimate or romantic relationship for at least six months before filing of the injunction.
- Stalking injunctions for intentional, malicious and repetitive harassment or following the respondent, including cyberstalking through text or email.
- Repeat violence injunctions for when there have been two instances of stalking or violence within six months of filing the initial petition.
- Sexual violence injunctions for acts of sexual battery, committing or attempting to commit sexual acts, or lewd acts against children.
- Exploitation of a vulnerable adult injunction for exploitation of the elderly or other vulnerable adult.
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.
Orlando Injunction Defense Attorney Answers FAQS
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.
Call Our Attorneys for Help
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 skilled 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.