Restraining orders and injunctions serve a variety of purposes but primarily exist to prevent harassment or violence. If you have a restraining order or injunction against you, you are entitled to legal representation.
An injunction is a court order that requires one party to cease contact or stop an action at the behest of another party. In other words, an injunction is a direct order from the court to follow a set of rules or abide by specific restrictions. If the party served with an injunction breaks the rules, they could face criminal consequences. The two primary types of injunctions in Florida are Permanent Injunctions and Temporary Restraining Orders. Depending on the case, the judge may choose to change or modify an order to provide more protection to the holder or to increase the penalties for breaking the order.
These court orders require a person to complete or stop certain actions as the result of a final judgment in a case. A permanent order is typically used in cases where monetary damages are not enough. They function as a harsher penalty for a crime or action that the holder wishes to stop. To determine whether a permanent injunction is necessary, the court must follow a four-step process. To determine whether to grant an injunction the court must confirm that the person asking for the injunction suffered an irreparable injury, remedies like monetary damages are inadequate to compensate for the harm caused by the other party’s action, the remedy is reasonable when considering the hardships between the plaintiff and defendant, and the permanent injunction would not hurt the public interest.
Once a permanent injunction or restraining order is issued, it cannot be undone or modified by the plaintiff – it can only be changed by the court that issued the order. Additionally, the consequences for breaking the terms of the order can sometimes be more severe.
Temporary restraining orders are a short-term preventative measure designed to function as a stopgap until the court can investigate the situation further. Most temporary restraining orders last around ten days but can be extended if the court deems it necessary. In most cases, TROs are used to prevent contact between two parties.
If the defendant ignores the injunction or violates the rules of a restraining order, they could face serious consequences including jail time and fines. Depending on the terms of the restraining order, the defendant may break the rules by, threatening violence, destroying property, going within a certain distance of the victim’s home, workplace, family members, or public areas frequented by the victim, refusing to vacate the home shared with the victim, destruction of property belonging to the victim, attempting to contact the victim in any way be it physical or virtual, and violating a restraining order or injunction is a crime that could result in criminal penalties.
Depending on the severity of the violation, the defendant could also be charged with additional crimes. In addition to jail time, fines, and enforced distance between the defendant and plaintiff, restraining orders and injunctions leave permanent marks on a person’s criminal record.
Restraining orders for domestic violence have additional consequences that go beyond the terms of the order. The defendant may lose custody and contact with their children if a restraining order has been issued against them. Visitation is also off the table in most cases.
While victims of violence suffer immeasurable physical and emotional pain, it is a disservice to them when someone takes out a restraining order against another person for revenge. Not only does this minimize the suffering of actual victims, but it can also destroy the other party’s future. I have dedicated my career to advocating for those accused of wrongdoing. My passion and dedication to my clients are unmatched and I work tirelessly to fight for their best interests. I believe that those accused of a criminal offense or wrongdoing deserve legal representation they can count on. I fearlessly advocate for my clients and provide compassionate counsel backed by experience. I can investigate the circumstances surrounding the injunction and create an airtight case strategy with your best interests in mind. As a seasoned Miami injunction and restraining order defense lawyer with experience in defending clients in juried trials across the country. When clients entrust their cases to me, they get direct access to my services from start to finish.