Orlando Injunctions Lawyer
Serving Residents of Altamonte Springs & Surrounding Areas
An injunction, also known as a restraining order, is a court order put in place to protect an individual from threatening you or causing you harm. There are four different types of civil injunction petitions that can be filed in Florida: domestic violence, sexual violence, dating violence, and repeat violence. Each type has its own set of requirements based on the type of relationship involved and the acts of violence that occurred.
In the event you were falsely accused of an act of violence and served a wrongfully issued injunction, our lawyer will fight to protect your rights. An injunction can have a lasting impact on your life and may keep you away from your loved ones.
What Are the Main Types of Injunctions?
An injunction is a court order used to protect an individual, stop a certain behavior, or discourage another individual from continual behavior that is harmful, violent, suspect, or dangerous. There are three main types of injunctions: Preliminary, temporary, and permanent.
Preliminary injunctions are used as a precautionary method during a lawsuit to ensure an individual does not act until a verdict is reached. A temporary injunction is commonly put into place to immediately stop an action, such as domestic violence. This type of order only lasts for a certain amount of time. A permanent injunction is much more severe and is used when someone is found guilty of a violent crime such as domestic violence, assault, and/or battery.
Types of Civil Injunctions
In Florida, there are four different types of protective injunctions which are as follows:
A Petition for an Injunction against Domestic Violence may be filed against an individual you currently live with or resided with in the past and is considered a family member. This includes blood-related family members and relatives by marriage such as parents, grandparents, aunts, uncles, spouses, ex-spouses, adopted children, or individuals living together (regardless of whether or not you are married).
Domestic violence may consist of the following:
- Sexual assault
- False imprisonment
A domestic violence injunction can protect you and provide you relief by restraining the individual who is responsible for harming you. It may also grant you temporary possession of your residence, require an individual to surrender a firearm or other weapons, and order the individual to participate in a batter’s intervention course.
A Petition for Injunction against Sexual Violence may be filed when an individual who is not defined as a family member commits one of the following acts:
- Committed sexual battery
- Acted in a lewd or lascivious way upon or in the presence of a child
- Enticed a child to perform a sexual act
- Attempted to commit a sexual act
You must also have reported the sexual violence with law enforcement, or the perpetrator has been in prison for sexual violence against you and their prison term is expiring within 90 days.
To file a petition for dating violence, you must have proof that you dated the other individual during the last 6 months, interacted with him/her frequently, and also had an expectation for continued intimacy during this time. The individual you dated must also have been violent towards you. The purpose of this injunction is to ensure your safety by preventing this individual from visiting or showing up at your residence, place of work, and other public areas. This individual may also be prohibited from contacting you via phone, email, in writing, or in person.
You may file for a petition for an injunction against repeat violence if another individual such as a neighbor, co-worker, or student committed two incidents of physical violence, threats of violence, or stalking. One of these incidents must have happened within the last 6 months.