INJUNCTION
Violence within the home or between people who have shared a life together will always be a challenging situation. The complexities of life can create confusing and sometimes terrible effects. Many times unhealthy relationships result in trauma due to substance abuse, mental illness, or financial issues. When those conflicts devolve into an out of control situation, often law enforcement are called for help. Once police are on the scene of a domestic violence call, they will investigate everything and everyone for evidence of a crime regardless of what the 911 caller wants to happen. Because of the high voltage emotional issues related to domestic violence calls, in addition to investigating a possible crime, they also want to prevent crime that may occur after they leave. This means that many times when police respond to a domestic violence call, someone is going to jail because of the low standard of probable cause. If you are arrested for domestic violence, conditions of your bond often will limit your contact with people involved in the incident, limit your ability to go back to your home and may require you to wear a GPS ankle monitor.
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Call (407) 274-7501 or email seth@sethhymanlaw.com to schedule a consultation today!
WHAT IS A CIVIL INJUNCTION?
A civil injunction (i.e. a Restraining Order) prevents contact by one person against another person. This process is a civil action in family court and is separate from any criminal case that may arise from the same incident. This process does not put someone at risk of incarceration, but may be established for an unlimited period of time or a set duration. If ordered by a Judge, all civil injunctions may only be modified or terminated at a later date by a Judge.
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The individual filing the Petition for Injunction outlines why they may be at risk of immediate and present danger of domestic violence. For purposes of a civil injunction, “domestic violence” means an act as defined in s. 741.28 and includes a threat of such acts committed against an individual in a domestic situation, regardless of whether these acts or threats have been reported to law enforcement officers. Petitioner is either a victim of domestic violence or has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence. There are also injunctions that may be pursued for stalking, repeat violence, dating violence, and sexual violence. If it appears to the court that an immediate and present danger of domestic violence exists, the court may grant a temporary injunction, pending a full hearing, and may grant such relief as the court deems proper. If a Court does grant a temporary injunction, then the Respondent will be restricted from any contact with the Petitioner and a violation of that order is a crime. The Judge will set a full adversarial hearing to determine whether the need for a final injunction is proven by the Petitioner by competent, substantial evidence.
WHAT IS THE PROCESS?
The individual filing the Petition for Injunction outlines why they may be at risk of immediate and present danger of domestic violence. For purposes of a civil injunction, “domestic violence” means an act as defined in s. 741.28 and includes a threat of such acts committed against an individual in a domestic situation, regardless of whether these acts or threats have been reported to law enforcement officers. Petitioner is either a victim of domestic violence or has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence. There are also injunctions that may be pursued for stalking, repeat violence, dating violence, and sexual violence. If it appears to the court that an immediate and present danger of domestic violence exists, the court may grant a temporary injunction, pending a full hearing, and may grant such relief as the court deems proper. If a Court does grant a temporary injunction, then the Respondent will be restricted from any contact with the Petitioner and a violation of that order is a crime. The Judge will set a full adversarial hearing to determine whether the need for a final injunction is proven by the Petitioner by competent, substantial evidence.
WHAT HAPPENS AFTER A CIVIL INJUNCTION?
​It is a violation of s. 790.233, and a misdemeanor of the first degree, punishable up to $1,000 and 1 year in county jail or 1 year probation, for a person to violate a final injunction for protection against domestic violence by having in his or her care, custody, possession, or control any firearm or ammunition.
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Whether or not there is a criminal prosecution, the court shall order the respondent to attend a batterers’ intervention program if it finds a willful violation of a domestic violence injunction. See Florida Statute section 741.32 to learn about batterers’ intervention program.
Any person who suffers an injury and/or loss as a result of a violation of an injunction for protection against domestic violence may be awarded economic damages for that injury and/or loss by the court issuing the injunction. Damages includes costs and attorneys’ fees for enforcement of the injunction.
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​You can not obtain an Injunction against someone who is merely bothering or annoying you. Start by blocking them on your phone and social media if you want someone to stop communication. You may also want to change your phone number and email address. Repeated text messages, calls or social media content typically are not enough for an Injunction to be granted by a Court unless they threaten harm. A personal, generalized fear that "something" could happen, without direct threats, are normally not enough to obtain an Injunction. However, if you are in fear, file a Petition at the Clerk of Court and let a Judge decide.