Your Legal Rights if an Injunction for Protection Is Filed Against You in Florida

An Injunction for Protection, or restraining order, is a matter to consider seriously. Being familiar with the restraining order and the information it contains is a crucial step towards protecting your rights and avoiding inadvertent violations of its terms.

In Florida, an Injunction for Protection can be served upon you without your knowledge or input. However, the law allows for the recipient of an injunction to have their say in court shortly thereafter. To make the most of that opportunity means having a plan and acting intentionally.

What is an Injunction for Protection?

More commonly known elsewhere as restraining orders, an Injunction for Protection in Florida is a court order that prohibits contact between two people due to past instances of abuse, violence, or threats of harm. The injunction seeks to prevent future instances of abuse or threats of violence.

There are five categories of injunctions for protection under Florida law:

1. Sexual Violence Injunctions- to protect sexual battery victims 
2. Dating Violence Injunctions- to protect people involved in romantic relationships from future harm
3. Stalking Injunctions- if harassed electronically or in-person, this restraining order prevents additional acts of harassment
4. Domestic violence Injunctions — to protect individuals from future acts or threats of violence from family members
5. Repeat Violence Injunctions- to protect individuals who have already been harmed through violence or stalking on multiple occasions

Steps to Take after Being Served With an Injunction

Each of the above types of injunctions requires varying levels of evidence and additional requirements to be upheld. Once served, the recipient of an injunction should consider the following steps:

1. Everything a person needs to know — allegations made against them, actions they are being restrained from, and the upcoming hearing date—date date in the section. It is critical to know what a person cannot do regarding the protected individual. Sometimes the allegations will seem ridiculous. The order still cannot be violated before a hearing is held.
2. Research needs to be conducted on the type of injunction a person is facing. The allegations made and the circumstances that led to the temporary injunction being granted must be disputed at a court hearing. Understanding the type of allegations and how to counter them is crucial to having the injunction overturned. 
3. A temporary injunction may last only 15 days from the date it is issued. This gives a responding party a relatively short period of time to prepare for a hearing. Attendance is essential — not showing up to the hearing means that the temporary injunction will very likely become a final injunction. 
4. Misdemeanor and even felony criminal charges may result from violations of an injunction for protection. Avoiding contact with the protected individual and preparing for their hearing are the best course of action for someone served with the restraining order.

Contact Difilippo & Pica, PLLC: Experienced Criminal Defense Representatives

Don’t fight an injunction for protection without legal help. Contact Difilippo & Pica, PLLC today.