An injunction in Florida is a civil court order that requires a person to do or not do certain things—most commonly, to keep their distance from another person or to stop specific behaviors. Even though injunctions are technically civil in nature, they can affect criminal charges and a person’s everyday life in many ways.
If you’ve been served with an injunction, it’s important to understand what it is and what steps you need to take. Understanding the types of injunctions in Florida is a good first step.
Domestic Violence Injunction
Domestic violence injunctions are for adults living together or who share a child. Children or family pets can be protected, too. The petitioner must show they are a victim of domestic violence or have a real reason to fear it’s about to happen.
If there’s immediate danger, the court can issue a temporary order “ex parte” (without a hearing at first), then schedule a hearing quickly afterward. Relief can include orders like no-contact, giving up firearms, support or child custody changes, counseling, and control over the home or family pet.
Repeat Violence Injunction
This protects adults or minors after two violent or stalking incidents (one within 6 months of filing) and a credible ongoing fear of more violence. If there’s an immediate risk, a judge can issue a temporary order ex parte, followed by service of process and a quick hearing for a longer-term order.
Relief includes blocking further violence/contact, requiring the respondent to move out or surrender weapons, and setting boundaries on where the person can go.
Dating Violence Injunction
Dating violence injunctions are meant to protect current or recent dating partners (within 6 months) if there’s a genuine fear of violence. Immediate danger can result in a fast, temporary order, followed by a hearing and service to the other party. These injunctions primarily prevent violence/contact, require weapons to be handed over, and can make someone vacate a shared home.
Sexual Violence Injunction
Sexual violence injunctions can protect adults or children after crimes like sexual battery, lewd acts, child luring, or sexual exploitation offenses. If criminal charges are pending or the respondent is about to leave jail/prison, special rules help victims get protection. A court can issue an ex parte order if there’s enough danger, and then a full hearing can happen after. Relief generally restricts contact and movements and requires weapons to be given up.
Stalking/Cyberstalking Injunctions
If you’ve faced two incidents of stalking or cyberstalking, these types of injunctions protect adults and minors. The court may block the accused person from all contact (including online activity) and order them to stay away.
The court might also order counseling at the defendant’s own expense. The temporary/ex parte order is given only if stalking or an immediate threat is shown, with a full hearing scheduled soon after.
Defending Against an Injunction
When you’re served with an injunction in Florida, taking the right action is essential. Here’s how we can help you in this situation:
Quick Response and Gather Evidence
We act fast to document everything, requesting that evidence be preserved, reaching out to crucial witnesses before memories fade, and preparing subpoenas when necessary.
Contesting Standing, Timelines, and Imminent Danger
We look closely at whether the petitioner had standing to file, if the statutory requirements (were there really two incidents? is imminent danger shown? is the qualifying relationship proven?) are actually met, and if proper procedure was followed at every step.
Challenging Credibility and Factual Claims
Building your case includes highlighting inconsistencies or motives in the other party’s story. We look at text messages, phone calls, surveillance footage, social media posts, and anything else that might cast doubt on the accusations.
Cross-Examination in Court
In the hearing, presenting a full picture matters. We explain what happened and explore any history of biased claims or false reports.
Pursuing Alternative Outcomes
Not every injunction has to end in full restrictions. We aggressively seek to have claims dismissed, orders modified or dissolved, or push for limited no-contact terms rather than full loss of visitation.
If you’ve been served one of these types of injunctions in Florida, you need an experienced defense team.
What to Do If You Were Just Served With an Injunction
If you’ve just been served with an injunction in Florida, it’s normal to feel surprised or unsettled. Your next steps are critical to protecting your rights.
Do Not Contact the Petitioner
No matter what you’re feeling, do not contact the petitioner in any way. This includes calls, texts, social media messages, or having someone else reach out on your behalf. Even a minor violation can result in immediate arrest and criminal charges.
Read and Understand Every Term
Carefully go over the injunction paperwork. Take note of all restrictions – where you can’t go, people you can’t communicate with, and any limitations about your home, kids, pets, or firearms.
Get Legal Help Before Responding
Do not attempt to tell your side to the court or police before you’ve spoken to a lawyer, and don’t attend the hearing unrepresented. Attorneys can prepare you for what happens next, handle communication with law enforcement, and start building a strategy right away.
Contact the Lakeland Injunction Lawyer at Grajek Criminal Defense Attorneys for Help Today
If you’ve been served with an injunction, Grajek Criminal Defense Attorneys is here to help. Contact us today at (863) 688-4606 to schedule an initial consultation with a Lakeland injunction attorney. We’re ready to fight to protect your rights.