PRIVATE
COUNSEL


ATTORNEYS

ORLANDO FLORIDA

407-849-2949

INJUNCTION &
RESTRAINING ORDER
ATTORNEYS
ORLANDO, FLORIDA

If you are facing an injunction (commonly referred to as a
"restraining order") or are seeking one against someone
else, you may want to speak with an attorney regarding
your legal rights.  

You should be sure your rights are protected and that at
a hearing on the requested injunction, that proper
evidence is presented on your behalf.

 

WHAT IS AN INJUNCTION?

An injunction, also called a restraining order, orders a person to abide by certain conditions, usually forbidding them to have contact with someone. There are 4 types of injunctions:

  • Domestic Violence; When it appears to the court that the petitioner (the person seeking the injunction) is either the victim of domestic violence as defined by Florida law  or has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence, the court may grant relief.
    • "Domestic violence" is defined as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
    • The court may grant relief such as:
      •  Restraining the respondent from committing any acts of domestic violence
      • Awarding to the petitioner the exclusive use and possession of the dwelling that the parties share
      • Providing the petitioner with 100 percent of thetime-sharing in a temporary parenting plan that shall remain in effect until the order expires or an order is entered by a court of competent jurisdiction in a pending or subsequent civil action or proceeding affecting the placement of, access to, parental time with, adoption of, or parental rights and responsibilities for the minor child.
                     

  • Repeat ViolenceRepeat violence" means two incidents of violence or stalking committed by the respondent, one of hich must have been within 6 months of the filing of the petition, which are directed against the  petitioner or the petitioner's immediate family member. Relief may include:
    •  Enjoining the respondent from committing any acts of violence.
    • Ordering such other relief as the court deems necessary for the protection of the petitioner, including injunctions or directives to law enforcement agencies,
      as provided in this section.
    • The terms of the injunction shall remain in full force and effect until modified or dissolved. Either party may move at any time to modify or dissolve the
      injunction. Such relief may be granted in addition to other civil
      or criminal
      remedies.

  • Dating Violence.  "Dating violence" means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. The existence of
    such a relationship shall be determined based on the consideration of the following factors:
    •   A dating relationship must have existed within the past 6 months;
    • The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties; and
    • The frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship.
    • The term does not include violence in a casual acquaintanceship or violence between individuals who only have engaged in ordinary fraternization in a business or social
      context.
    • Any person who is the victim of dating violence and has reasonable cause to believe he or she is in imminent danger of becoming the victim of another act of dating
      violence, or any person who has reasonable cause to believe he or she is
      in imminent
      danger of becoming the victim of an act of dating violence, or the
      parent or legal
      guardian of any minor child who is living at home and who seeks
      an injunction for
      protection against dating violence on behalf of that minor child,
      has standing in the
      circuit court to file a sworn petition for an injunction for
      protection against dating
      violence.

  • Sexual Violence:  "Sexual violence" means any one incident of the following, regardless of whether criminal charges based on the incident were filed, reduced, or dismissed by the state attorney
    • Sexual battery, as defined by Florida statutes; 
    • A lewd or lascivious act, as defined by Florida law, committed upon or in the presence of a person younger than 16 years of age;
    • Luring or enticing a child, as defined by Florida statutes;
    •  Sexual performance by a child, as defined by Florida statutes; or 
    • Any other forcible felony wherein a sexual act is committed or attempted. 
    • A person who is the victim of sexual violence or the parent or legal guardian of a minor
      child who is living at home who is the victim of sexual violence has may file a sworn
      petition for an injunction for protection against sexual violence on his or her own behalf
      or on behalf of the minor child if: 
      • The person has reported the sexual violence to a law enforcement agency and
        is cooperating in any criminal proceeding against the respondent, regardless of
        whether criminal charges based on the sexual violence have been filed,
        reduced, or dismissed by the state attorney; or 
      • The respondent who committed the sexual violence against the victim or minor
        child was sentenced to a term of imprisonment in state prison for the sexual
        violence and the respondent's term of imprisonment has expired or is due to
        expire within 90 days following the date the petition is filed. 
      • The Court may issue relief the court deems proper, including an injunction: 
        • Enjoining the respondent from committing any acts of violence. 
        • Ordering such other relief as the court deems necessary for the
          protection of the petitioner, including injunctions or directives to law
          enforcement agencies, as provided in this section. 
        • The terms of the injunction shall remain in full force and effect until
          modified or dissolved. Either party may move at any time to modify or
          dissolve the injunction. Such relief may be granted in addition to other
          civil or criminal remedies. 
           

TIME IS OF THE ESSENCE.
When there is an injunction/restraining order at stake, it is important to act quickly.  If you are seeking one against someone else, you need to be sure your allegations are presented by an experienced attorney to maximize your chances of having the injunction issued and stay in place.

If someone else is seeking an injunction against you, you need to be sure your rights are protected.  Otherwise, you could have an injunction entered against you which can affect your freedom. 

We frequently receive calls from individuals who went to a hearing without an attorney and tried to represent themselves, only to have the judge rule against them.  Once this happens, they are very limited in their options, and frequently have no recourse at that point.  Don't wait until after the case is over to try to protect yourself.  Call us now and we would be happy to discuss your case with you.