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Injunctions for Protection

Commonly referred to as a restraining order in other jurisdictions, an injunction in Florida is a court order that requires you to stay away from and not contact another person. While the injunction itself is not criminal, you can be arrested and charged with a crime for violating an injunction. If you have been served with a notice of injunction, it can feel like you have already lost. Fortunately, this is not the case—you are entitled to your day in court. Difilippo & Pica, PLLC can guide you through the process and help you get a fair result.

Understand the Process

The process starts when someone goes to the court and completes paperwork (a “petition”) for an injunction and files it. Once that is done, one of three things will happen:

  1. The judge will enter a temporary injunction for protection that will be in effect until a hearing is held;
  2. The judge will enter an “order setting hearing only,” meaning that a hearing will be scheduled, but no temporary injunction will be put in place; or
  3. The judge will deny the petition.

In the first two options, you will be notified of the judge’s action. You must read the notice very carefully:

  • It will inform you of the date of the hearing, which will be no more than 15 days from the date of the notice and
  • It will inform you of whether there is a temporary injunction against you and what you are prohibited from doing in the days leading up to the hearing.

If you have received a notice concerning an injunction and have questions, it is vital that you seek legal counsel immediately.

The Hearing

The purpose of the hearing is to determine whether the judge should enter a permanent or “final” injunction. At the hearing, both sides can enter evidence as to why or why not the injunction should be entered. There are no other issues before the court. However, if you have pending criminal charges related to the injunction, you must be careful not to incriminate yourself. In this situation, you should at least consult with a lawyer before the hearing.

If you do not appear at the hearing, it is quite likely that a final injunction will be entered against you without your input. As a result, we strongly recommend that you attend, even if you choose to remain silent.

Consequences of an Injunction

An injunction is a significant limitation on your freedom. In addition to limiting where you can go and who you can talk to, an injunction can impact you in the following ways:

  • You may be unable to purchase or possess firearms and ammunition
  • You may be required to attend counseling
  • It could impact your employment
  • Professional licenses could be revoked or suspended
  • It may impact your admission to universities, colleges, and other educational institutions

A lot is at stake if someone is trying to get an injunction against you. Invest in your future by getting a lawyer on your side who will fight to protect your rights.

Contact Difilippo & Pica, PLLC Today

If you are facing an injunction as a respondent, seeking an injunction as a petitioner, or have been accused of violating an injunction, contact DP Law today via phone or email for your free consultation.