An injunction is not a criminal charge, but it lands in the same public records a landlord or an employer searches. It can cost you a lease or a job offer, and depending on the type of injunction it can cost you your firearms.
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 Team. 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.
Call 954-845-0505 or contact us online today for a free case evaluation.
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
A domestic violence injunction runs between family or household members. Section 741.28(3) defines that as spouses and former spouses, people related by blood or marriage, people who live together or have lived together as a family, and parents of a child in common. Everyone except parents of a child in common must live in, or have lived in, the same dwelling unit. 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
Section 784.046(2)(c) adds a gate the list above does not show. To have standing you must have reported the sexual violence to a law enforcement agency and be cooperating in any criminal proceeding, whether or not charges were filed, reduced, or dropped. The alternative route is that the respondent served a state prison term for the sexual violence and that term has expired or expires within 90 days of the filing.
Dating Violence Injunction
Section 784.046(1)(d) asks three things about the relationship: did it exist at some point within the past six months, was it characterized by an expectation of affection or sexual involvement, and did the two people interact over time on a continuous basis. The relationship does not have to have lasted six months and it does not have to be current. Violence in a casual acquaintanceship, or between people who only socialized in a business setting, is excluded by the statute.
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.
Stalking Injunction
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, but only under a final domestic violence injunction or a final stalking or cyberstalking injunction, per Florida Statute 790.233.
- Violating the injunction is a crime you can be arrested for, and which statute charges you depends on the type: Section 741.31 for domestic violence, Section 784.047 for repeat, dating, and sexual violence, and Section 784.0485(9) for stalking.
- 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. Either party may move to modify or dissolve the injunction at any time under Section 741.30(6)(c), and the statute says no specific allegations are required to ask. What does not go away is the court file, which stays a public record your current boss or a prospective employer can find.
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
The hearing comes fast. An ex parte temporary injunction runs for a fixed period of no more than 15 days under Section 741.30(5)(c), and the full hearing has to be set on or before the day it expires. That leaves you roughly two weeks to find a lawyer, pull your messages and records, and line up witnesses. 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 Team can also help you draft and file a petition for an injunction seeking protection.
Partner Matt Shafran spent years as a prosecutor advocating for victims, and he has argued for restraining orders, injunctions, and petitions for protection in front of judges many times over 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.
