Whether you are filing an injunction or being served an injunction, you need to be aware of your full legal rights and responsibilities. An injunction attorney with Silverman and Mack, LLC can help you understand how injunctions work in the state of Florida.
What Is An Injunction?
An injunction is a court order that demands a party (a person or individual) take some action and/or cease performing an action. A popular injunction is a restraining order, which prevents one individual from contacting or being within the vicinity of another person. This is done to prevent harm being done to the individual who filed the injunction. A family law attorney can help you understand how injunctions work in the face of reasonable fear and evidence of violence.
Whether you are seeking an injunction or defending against one, an experienced attorney is vital to the 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 injunction attorney with the Law Office of Law Office of Silverman, Mack & Associates can ensure your case is ready for a hearing and that the judge is presented with all of the relevant facts.
What Is A Respondent?
The respondent is the person the injunction is filed against — the individual accused of 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, contact a lawyer immediately. You may be able to file a petition with the assistance of an injunction defense attorney.
How To File An Injunction
Filing an injunction begins with filing a petition with the relevant court and paying the 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 attorney is necessary during this process in order to ensure that your injunction is approved. We can assist you with documentation and gathering evidence — including witnesses and testimonial support.
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 include the following.
Temporary Injunction
As suggested in its name, temporary injunctions are orders made for a short period of time, usually no longer than 10 days.
Preliminary Injunction
Preliminary injunctions are court orders typically made in the initial stages of a petition or lawsuit and are enforced during trial.
Permanent Injunction
Permanent injunctions are usually issued following a trial. In most cases, the preliminary injunction converts into a permanent injunction after evidence deems it necessary.
What Are The Benefits To Filing An Injunction?
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.
What Are Disadvantages To An Injunction?
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 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.
