Although an injunction is not a criminal charge, they do have similar consequences. They do go on your record and can easily be found by prospective employers, affect your ability to obtain housing, and more.
If you have an injunction against you, it is important to speak to a restraining order lawyer right away. Do not agree to an injunction just to make it go away. And going to court without representation will give you a serious disadvantage in these cases. You should understand the terms and consequences of the injunction thoroughly.
If you have an injunction against you that you think has been issued in error OR you are seeking to obtain protection and a restraining order against someone else, call Matt Shafran at Weinstein Legal. Our Legal team will fight to protect you from damage to your reputation that can follow you for the rest of your life or do what is necessary to get you the protection you need.
What Is an Injunction in Law for the State of Florida
You've heard the term “restraining order” but not an injunction. You're not alone. These two terms refer to the same thing: a court order that prohibits one person from having any contact with another person for various reasons. In most cases, the type of prohibited contact is spelled out in the injunction.
If you fail to follow the terms of an injunction or restraining order, the consequences can be serious and severe.
The Different Types of Injunctions in Florida
In Florida, there are six different types of injunctions. They each have different requirements based on the relationship between the people involved.
Domestic Violence Injunction
An injunction can be filed against someone who is living with or has lived with another as family. Domestic violence includes assault or aggravated assault, battery or aggravated battery, sexual assault, sexual battery, stalking and aggravated stalking, kidnapping, false imprisonment, or other crimes that could result in injury or death to the petitioner.
Sexual Violence Injunction
- Sexual battery as defined by Florida Statutes Chapter 794
- Lewd and lascivious act upon or in the presence of a child younger than 16
- Lured or enticed a child as described in Florida Statute Chapter 787.025
- Required a child to sexually perform as outlined in Florida Statute 827.071
- Committed any forcible felony wherein a sexual act was committed or attempted
A sexual violence injunction may also be issued if a person has been in prison for sexual violence and is scheduled to be released within the next ninety days.
Dating Violence Injunction
An injunction for dating violence can be filed if the people involved have dated for the last six months, had an expectation of continued sexual involvement and affection, and interacted frequently and continuously during the relationship. If all three of these apply, then a petition can be filed.
Repeat Violence Injunction
If the situation does not fit into the three scenarios above, a repeat violence injunction may be filed. This can involve neighbors, co-workers, students, or relatives who have never lived together. There must have been at least two incidences of physical violence, threats of violence, or stalking. At least one of these instances must have happened within six months of the complaint.
A stalking injunction is filed when there have been two separate stalking incidents, as defined in Florida Statute 784.048 “… person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person …”
The Exploitation of a Vulnerable Adult Injunction
The requirements of an injunction for exploiting a vulnerable adult are covered in Florida Statute 825.
What Can the Courts Do If They Enter an Injunction against Me?
Although not a criminal charge, an injunction can have almost the same impact on your life.
- Barred from possessing a firearm or ammunition, per Florida Statute 790.233.
- Violation of the injunction is a criminal act, and you can be arrested and prosecuted per Florida Statute 784.0485(9)(a).
- Injunctions are public records that can impact your employment and ability to travel.
- Injunctions will show up on a background check
- Injunctions can keep you from getting a secret or top-secret security clearance for a federal government job
You Have the Right to Protect Your Reputation
If you have an injunction against you, you have the right to protect your reputation. Even though an injunction is a civil charge, its effects mirror some of the impacts of a criminal charge. It cannot be removed from your record and anyone can find it, including your current boss or prospective employer.
During the final hearing for an injunction, it is not mandatory to have an attorney present. That doesn't mean you shouldn't have one. You are entitled to representation, just like at any other hearing. Even though they are relaxed in injunction hearings, the rules of evidence still apply.
A criminal defense attorney can present your case to the court in a way that will help you get the best result.
How We Can Help You Win An Injunction Hearing
It is crucial to work with an experienced and skilled injunction defense attorney to fight an injunction. It's essential to act quickly and get legal counsel and representation as soon as possible. Typically, courts will set hearing dates within 10-14 days of the initial filing for protection. You have the right to legal representation. Exercise your right by hiring an experienced Florida injunction defense attorney.
Do You Need a Restraining Order or Injunction to Protect Yourself?
Should you wish to seek out protection from the courts, the team at Weinstein Legal can also help you draft and file a petition for an injunction seeking protection.
With his proprietorial background, Partner Matt Shafran has not only advocated on behalf of victims during his time working for the government, but he has also argued countless times in front of Judges, in order to get restraining orders/injunctions/petitions for protection granted when his clients felt threatened. He can help you seek an injunction and restraining order in counties such as Palm Beach, Broward, and Miami-Dade, among others.
If you think you are being harassed, stalked, cyber-stalked, are a victim of sexual violence, dating violence, or domestic violence in West Palm Beach or Fort Lauderdale, Florida, we can assist you in getting the protection you deserve!
Call 954-845-0505 and ask for criminal defense attorney Matt Shafran.