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When to seek a restraining order or order of protection
One of the most emotional areas of law we serve the community in deals with civil injunctions for protection. In Florida, an individual can work with an injunction attorney to seek an “injunction” (or more commonly known as a “restraining order”) against another individual in a few limited circumstances.
In particular, an individual can seek the issuance of an injunction for:
- domestic violence;
- dating violence;
- stalking; or
- sexual violence
There are two parties involved with each of these. The “petitioner” is the person that is seeking protection from the court. The “respondent” is the person who has allegedly committed (or threatened to commit) violence. Either party can work with an injunction attorney.
The injunction is a legal document for physical and emotional protection, restricting the respondent’s ability to have contact with the petitioner.
Each of the foregoing grounds for an injunction requires certain legal matters that must be established in order for an injunction to be issued. To get started, you will need to file a petition with the circuit court for your county.
At Golden Key Law, we are here for you during this difficult time. We are with you to help make this step and serve as your legal advocate. An injunction lawyer can help you file a petition for a Pinellas County injunction to the circuit court. The petition will need to be completed with sufficient information that the violence (or the threat of violence) occurred for the court to issue the injunction.
Once the petition is filed, the judge will review it and make a decision. Upon review of your petition, three things may happen:
- an automatic temporary injunction will be issued, and a final hearing will be set whereat you must demonstrate as to why a final/permanent injunction should be entered;
- a temporary injunction will not be issued, but a hearing will still be set whereat, you will be able to argue as to why a permanent injunction should be issued; or
- no injunction will be issued, and your petition will be dismissed.
If a temporary injunction is ordered, the judge will order a final/permanent injunction hearing as soon as possible. The temporary injunction typically lasts about 15 days. During that time, the respondent must abide by the orders, or there are serious criminal penalties. This can include such measures as not returning to the home and not having any contact with the petitioner at work or other frequent locations such as a church or a child’s school if there are children involved. The judge can also order the respondent to continue to pay child support to the petitioner.
What Does a Civil Injunction Attorney Do?
An injunction attorney leads as your legal advocate throughout the entire process. They will be there for you for the filing of the petition and the hearings. It is important to understand that having an injunction lawyer representing you makes a significant impact when presenting your side of the case to the court.
During a final injunction hearing, the petitioner and the respondent will have an opportunity to present their case. This can include the presentation of evidence and the calling of relevant witnesses. With an experienced injunction attorney by your side, you will have the confidence you need going into hearings to know that your voice will be heard, and your case will be presented in a strong, convincing manner.
Need assistance regarding a Civil Injunction?
If you, or someone you know, may need to seek an injunction for protection, please do not be afraid to reach out for help.
At Golden Key Law, we care about our clients and feel strongly about making sure that people who need protection from violence have an experienced injunction attorney to help them through it all. These issues can be very delicate and hard to deal with. As such, it is recommended to have an attorney on your side who can help you present your case effectively.
Also, if you, or someone you know, needs help in defending against a civil injunction for protection, we are here to serve you. Having an injunction on your record can be detrimental as future employers may see it and may associate it with a violent character. Accordingly, it is crucial you are adequately prepared in these matters.
Again, we cannot stress the importance of this area of our practice enough; and therefore, we strongly encourage you to seek help if you need assistance in dealing with this area of law.
Multiple Florida injunction statutes are involved in petitions and hearings. We understand the complexities of the law and frequently work with the courts on Pinellas County injunctions. We are experienced injunction attorneys that have your best interests in mind during each step of the legal process.
Stay safe, and do not be scared to ask for help.
Reach out as soon as possible to consult with an injunction attorney for your personal and legal protection.