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In Florida, being served with an injunction is a serious legal matter. An injunction, also known as a restraining order, is a court order that requires someone to do, or not do, certain actions. If you’ve been served with one, it’s crucial to understand the implications and take immediate steps to protect your rights. This blog from Stoddard Law Firm will explain what an injunction means, what you should do if you’re served with one, and the defense strategies available, especially if you’ve been arrested in connection with an injunction.
What Is an Injunction?
An injunction in Florida is a legal order aimed at preventing harm, often in situations involving allegations of domestic violence, stalking, harassment, or other threats. If someone feels threatened or unsafe, they can request a court to issue an injunction against the person they believe is causing harm. There are different types of injunctions under Florida law, including:
- Domestic Violence Injunctions: These protect individuals who are victims of domestic abuse by preventing further contact or violence.
- Stalking Injunctions: Issued to stop a person from engaging in stalking or harassing behavior.
- Repeat Violence Injunctions: Applied when two or more acts of violence or stalking have occurred.
- Dating Violence Injunctions: Protects individuals in romantic relationships who are victims of violence.
- Sexual Violence Injunctions: Issued when a person is the victim of sexual violence, even if no charges have been filed.
What Does It Mean for You?
If you’ve been served with an injunction, it means the court has ordered specific restrictions on your behavior. This could include prohibiting contact with the person who filed the injunction, staying away from certain places, and even surrendering firearms. Violating these terms can lead to serious consequences, including arrest and criminal charges.
It’s important to note that while the injunction is a civil order, any violation can lead to criminal charges. This means that even a minor breach, such as sending a text or showing up at a place you’ve been ordered to avoid, could lead to arrest.
Steps to Take if You’re Facing an Injunction
- Read the Injunction Carefully: The first thing you should do is carefully read the injunction to understand the specific restrictions. Pay attention to what actions you are prohibited from taking and the consequences of violating the order.
- Attend the Hearing: When you’re served with an injunction, there will be a scheduled court hearing. It’s vital that you attend this hearing to present your side of the story. Not attending could result in the injunction being made permanent.
- Consult with an Attorney: An experienced criminal defense attorney can help you understand your rights and options. They can also help you prepare for the hearing, challenge the allegations, and, if necessary, defend you against any charges related to violating the injunction.
- Follow the Injunction Strictly: Until the hearing, it’s essential that you follow every provision in the injunction. Violating the order before your hearing could harm your case and lead to immediate arrest.
Possible Defense Strategies
If you’ve been arrested in connection with an injunction, the legal situation becomes even more serious. Violating an injunction can lead to criminal charges, and a conviction could result in jail time, fines, or other penalties. However, there are defense strategies available that an experienced attorney can explore.
- Challenging the Injunction: One strategy is to challenge the injunction itself. Injunctions can sometimes be based on false or exaggerated claims. In such cases, your attorney can present evidence showing that the allegations are untrue, or that the petitioner’s fears are not based on reasonable grounds.
- Lack of Evidence: For an injunction to be granted or for criminal charges to be filed, there must be sufficient evidence that you violated the order. If the evidence against you is weak or circumstantial, your attorney can argue that the case should be dismissed.
- Unintentional Violation: If you inadvertently violated the terms of the injunction without knowing, this could be used in your defense. For example, if you happened to be in a public place where the person who filed the injunction was present, your attorney could argue that you did not intentionally violate the order.
- Consent of the Other Party: In some cases, the person who filed the injunction might initiate contact with you, which can complicate the situation. If you have evidence showing that the petitioner willingly communicated with you or invited contact, this could be used to mitigate the charges against you.
Protect Your Rights and Future with the Right Legal Strategy
Facing an injunction in Florida can be an intimidating and stressful experience. It’s essential to understand the terms of the injunction and strictly follow them to avoid any violations. The consequences of breaching an injunction are severe and could lead to criminal charges, which is why having the right legal representation is crucial.
At Stoddard Law Firm, we understand the complexities of injunctions and the challenges they present. Our extensive experience in defending clients in criminal cases means we know how to approach injunction hearings and violations strategically. If you’ve been served with an injunction or arrested for violating one, contact us to schedule a consultation. We’ll review the details of your case, help you understand your legal options, and build a strong defense to protect your rights and your future.