What Is an Injunction, and What Can I Use It for in Florida?

April 2, 2021

Injunctions are a specific type of legal order that prevents someone from doing something—it could be anything from “don’t cut down this tree” to “stop stalking your ex-wife.” In Florida, injunctions are often used to prevent or reduce domestic violence.

If you’ve been a victim of domestic violence, including stalking, cyberstalking and sexual assault, filing for an injunction can help ensure you receive legal protection. If the person continues their behavior, they can face serious legal consequences—even if you don’t have a current case against them.

Here’s an overview of what you need to know about how injunctions work in domestic violence law in Florida.

Types of protection injunctions

If you’re a victim, there are five types of protective injunctions you can request: protection against domestic violence, dating violence, stalking, repeat violence and sexual violence. You will be required to prove different facts, depending on which type of injunction you seek. If granted, the offender will be required to surrender firearms and weapons, and may be required to seek court-ordered counseling or other classes. They’ll also have limits on where they can go (anywhere near you) and with whom they can interact (not with you).

Generally, a protection injunction will last until the court has the opportunity to hear the merits of the case. Since cases can take weeks or months to be heard, this is a way to keep victims safe until the offender can have their due process rights fulfilled. (Remember, “due process” simply means that they get notice and a hearing—it doesn’t guarantee that the court will rule either way.)

If the court decides that the victim is best served by keeping the offender away permanently, they may be granted a permanent injunction. This could include restrictions like not being able to come within 500 feet of the victim, their place of employment and their home. However, it’s not limited to these terms.

If you’re not sure which type of protection injunction is right for your specific circumstances, ask your Florida attorney. They can help you decide which has the best chance of succeeding.

How attorneys help with injunctions

Attorneys are helpful whether you’re the victim or the accused. In addition to helping victims decide which type of injunction to pursue, a lawyer can also help you prepare for the hearing, organize and present the evidence and help find witnesses to support your case.

If you’ve been slapped with an injunction, working with an attorney is crucial: they’ll help you understand what the injunction means, collect evidence and present a defense and let you know what to expect during the hearing. It is especially important to work with an attorney whenever you have been served with an injunction, since they can affect your employment and living situation in pretty dramatic ways.

For help requesting or fighting a domestic violence injunction in Florida, reach out to K.J. Law P.A. as soon as possible to schedule a consultation. We look forward to discussing the particulars of your case.

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