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Criminal Defense Lawyer in Orlando, FL

Injunctions Lawyer in Orlando, FL

Getting into an argument with someone you love can already be a stressful situation, never mind having to deal with the complications of an injunction. If you’ve been served, contact Hanlon Law to schedule a free consultation today.


What Is an Injunction? 


An injunction, perhaps more commonly known as a “Restraining Order,” is a court order that requires the person served to either start or stop certain actions or behaviors. Typically, people request an injunction to prevent someone from contacting and/or communicating with them in an effort to prevent future abuse. 


When filing for an injunction with the Clerk of Court, there are four categories to choose from: domestic violence, sexual violence, dating violence, and repeat violence.


Regardless of which category the injunction falls into, there are three types one might seek: temporary, permanent, and preliminary.


Temporary Restraining Orders


A temporary injunction, also called an ex parte injunction, is a court order granted by a judge to the person who requests it (the petitioner) without taking into account any defense from the person served (the petitioned). So, for example, a victim of domestic violence may obtain an ex parte injunction against their abuser to protect themselves without needing anyone else to corroborate the abuse, and without having to coordinate a court hearing with the abuser. 


The details of a temporary injunction, including how long it lasts and what all it requires, depend heavily on the situation, what the person seeking the injunction is asking for, and the judge’s discretion. While no contact is typical, some cases may also involve child custody arrangements, mandatory counseling (or other treatment), alternating use of shared living space, etc.


While the details of the injunction may vary, temporary injunctions are always, as their name suggests, temporary. The restrictions may not be imposed longer than 15 days from the date the order is served, which is also when the restrictions go into effect. 


Permanent Injunctions


Temporary injunctions may be converted to permanent injunctions in some cases. Permanent injunctions, also called final injunctions, are those that last ad infinitum, or indefinitely. Basically, unless the court at some point in the future says otherwise, the order stands for the entire lives of the parties involved. The restrictions of the permanent injunction, as with temporary ones, depend on the situation, what the petitioner asks for, and the judge’s discretion. 


Before a permanent injunction can be obtained, however, there must be a court hearing. While ex parte injunctions are granted on the basis of the alleged victim’s request, a permanent injunction cannot be granted until the petitioned has had a chance to present their side of the situation. This court hearing is an opportunity for the petitioned to present testimony, witnesses, and counter evidence to argue against the injunction. 


As permanent injunctions can have long-lasting and far-reaching consequences, it’s vital to have a solid strategy for the hearing. That’s why it’s so important to contact a seasoned injunction defense lawyer as soon as possible. 


Preliminary Injunctions


Preliminary injunctions are situational, and are only granted either before an upcoming trial or during the course of a trial, in an effort to keep relations between both parties civil. To obtain one, either the defense or prosecution must approach the court with reasonable cause to warrant the injunction, and a hearing must be held for the other party to counter. Either party can appeal the result of the hearing. 


Preliminary injunctions are active until the trial in question is over, unless they are commuted to a further temporary or final injunction. Again, the details of what a preliminary injunction requires depends on the situation, but it often restricts contact and communication, as well as any applicable child custody arrangements and alternating access to shared living space.


What Violates an Injunction?


The specifics of what qualifies as violating an injunction will depend on what that injunction requires. All the details of what the petition is and is not allowed to do is described on the order itself, along with the duration of the restrictions. 


What If Things Have Gotten Better?


Aside from the obvious ways one might violate an injunction, there is also a common occurrence that can lead to inadvertent violation: reconciliation. 


A court order, once granted, is a legally binding document. The requirements and restrictions of the injunction can only be altered by the court. No personal agreements between the petitioner and the petitioned may override the injunction, even if the relationship is resolved and all interactions between both parties are completely amicable on both sides.


For example, say an injunction prevents an ex-husband from contacting his ex-wife directly. However, indirect communication through a third party is allowed. Now say that, via third party communication, the couple reconcile and agree to meet up to discuss the situation amicably. That consensual meet-up is a violation of the court order, because their private reconciliation does not override the court’s determination. In order to avoid violating the injunction, the couple must approach the court and request to have the injunction modified and/or dissolved. 


What are the Consequences for Violating an Injunction?


In the state of Florida, violating an injunction is a first-degree misdemeanor. As such, it may result in up to 1 year in jail (or up to 12 months of probation) and fines up to $1,000. However, repeated violations may lead to a felony “Aggravated Stalking” charge, which has more severe consequences. 


Fighting Injunctions in Orlando


Just because things got a little out of hand doesn’t always mean an injunction is truly warranted. By securing an injunction defense attorney as soon as possible, you better your chance of getting the injunction request denied altogether. At Hanlon Law, our team has nearly 20 years of experience aggressively defending all kinds of cases. We’ll walk you through the entire process and work to achieve the best possible outcome. Contact us today to schedule a free consultation.

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