Whether you are filing an injunction or being served an injunction, you need to be aware of your full legal rights and responsibilities. A criminal lawyer at the Law Office of Silverman, Mack & Associates can help you understand how injunctions work in the state of Florida.
Injunctions In Florida
What is an Injunction?
An injunction is a court order that demands a party (a person or individual) to take some action and/or cease performing an action. A popular injunction is a restraining order, which prevents one individual from contacting another person. This is done to prevent harm being done to the second individual. A family law attorney can help you understand how injunctions work when there is reasonable fear and evidence of violence.
Whether you are seeking an injunction or defending against one, an experienced attorney is vital to presenting your best case. Injunction hearings follow all the formal rules of evidence, which can severely limit what you can tell the court if you are not prepared. An attorney from the Law Offices of Silverman, Mack & Associates can make sure that your case is ready for a hearing and that the judge gets to hear all the relevant facts.
How to File an Injunction
Filing an injunction begins with a petition with the relevant court and paying appropriate fees. If the court approves the order, the injunction will be allowed. In most cases, the court will only offer a temporary injunction until further evidence is revealed at the injunction hearing. A family law and criminal defense lawyer is necessary during this process in order to ensure that your injunction is approved. An experienced attorney can assist you with documentation and gathering evidence (including witnesses and testimonial support) to help your claim.
What is a Respondent?
The respondent is the person that is accused of the violent behavior. When an injunction is filed, the respondent is required to adhere to the demands of the court order. Failure to follow the demands of the injunction can result in arrest and excessive payments.
In the event that you are served an injunction, and you believe that the order was filed in error or under false premises, you should contact a lawyer immediately. You may be able to file a petition with the assistance of an injunction defense attorney.
Types of Injunctions
There are many different types of injunctions that are largely categorized by their length restrictions. The three most common types of injunctions are listed below:
As suggested in its name, temporary injunctions are orders specified for a short period of time, usually no longer than 10 days.
Preliminary injunctions typically become enforceable during a trial.
Permanent injunctions are usually issued following a trial. In most cases, the preliminary injunction converts into a permanent injunction after evidence deems it necessary.
Important Things to Know About Injunctions
The use of injunctions has expanded significantly over the past several years. Injunctions are popular because they offer immediate action, can be filed without paying any filing fee, are usually granted ex-parte (with only one side of the story) and have a low standard of proof (preponderance of the evidence; i.e., it is more likely than not that the act of violence occurred). Hearings on injunctions are set within 15 days of the petition being filed, so the process moves very quickly.
Injunctions are an excellent tool for someone who is the victim of domestic violence. The danger of injunctions is that they can be abused to gain an advantage in other matters (a divorce for example) or to carry out a personal vendetta.
You are entitled to have an attorney present at an injunction hearing if you wish, but neither side is entitled to a free attorney (public defender). Petitioners often receive free legal aid from various charitable legal organizations, but typically there is no such aid for the respondent.
You are entitled to all the discovery provided for in the Florida Rules of Civil Procedure. The problem is that due to the limited time frame of injunctions, most respondents (the people accused of committing the act of violence), don’t utilize regular discovery such as depositions, interrogatories and requests for production. An attorney can deal with this dilemma and work to get you the best outcome. You should always utilize an attorney in defending against an injunction.
Injunction Law Attorneys
At the Law Office of Silverman, Mack & Associates, our family law and criminal defense lawyers proudly serve Gainesville, FL, and the surrounding areas. Injunctions can be a tedious and even frightening experience for both participating parties. Whether you are filing an injunction, or being served an injunction, it is important to have an experienced attorney on your team to protect your rights, interests, and safety.
Contact us today to learn more about Florida injunctions laws.