Injunctions Defense Lawyers in Orlando, Florida (FL)
Orlando, Florida Injunction Laws, Types of Injunctions, Processes, and Defenses
Temporary Injunctions/Restraining Orders and Permanent Orders of Protection in Orlando, Florida
The issuance of temporary injunctions, also known as restraining orders or temporary orders of protection, may be issued by a court in situations where a person feels his or her personal safety (or the safety of a close family member) is at risk because of another person’s behavior or actions. An injunction issued by a judge is a civil matter, and an injunction essentially stops or prevents a person or party from moving forward with a certain act. In the case of restraining orders and permanent orders of protection, the “certain act” is coming into contact with a specific individual.
As such, there are no direct criminal consequences associated with being the subject of a petition seeking a temporary injunction/restraining order against another person. However, when an injunction or restraining order is violated, criminal charges may follow, and such charges may be serious, resulting in jail time, fines, and probation, among other consequences.
Qualifications for Obtaining a Temporary Injunction/Restraining Order in Orlando, Florida
To obtain a temporary injunction/restraining order in Orlando, Florida, the person seeking the order, known as the “petitioner,” must present sufficient information to demonstrate that another person, known as the “respondent,” poses a threat to the petitioner’s safety. A petitioner can seek a temporary injunction/restraining order on behalf of not only him or herself but also any close family members involved, such as a child. The goal of a temporary injunction/restraining order is to provide immediate relief to the petitioner and set a date for a future hearing to address the merits of the petition and to determine whether an order should become permanent.
Why You Need an Orlando, Florida Injunctions Defense Lawyer
Most petitions seeking a temporary injunction or restraining order are truthful. However, some petitions seeking a temporary injunction/restraining order contained false or misleading allegations which, if taken as true by a court, can cause significant harm to the respondent’s reputation and well-being. The damage can be especially harsh when the respondent has no criminal history and has never been the subject of a prior injunction order. Therefore, because a person’s livelihood is on the line, it is imperative to work with an Orlando, Florida Injunctions Defense Lawyer when facing an injunction and/or when facing allegations that an existing injunction order has been violated.
Musca Law is a well-known criminal defense law firm that has a reputation for providing outstanding legal representation to each client. The Orlando, Florida Injunction Defense Lawyers of Musca Law have good relationships with prosecutors and judges throughout the state and provide legal representation to clients who are facing criminal charges in any county in Florida. If you are the subject of a temporary or permanent injunction order, or if you are facing allegations that you violated an existing injunction order, you should contact Musca Law immediately to discuss your situation with a member of our legal team by calling (888) 484-5057.
Violating an Injunction Order in Orlando, Florida – What You Should Know
Violating any court order can be disastrous, whether the order involves a civil matter (such as a personal injury lawsuit or contractual dispute) or a criminal matter. While injunction orders are civil in nature, the violation of such orders can be devastating for a respondent, especially because even the smallest act can be considered a violation of an injunction order. The criminal penalties for violating an injunction order may be a first-degree misdemeanor if the alleged violation is minor, or the penalty may be a third-degree felony if the alleged violation is more serious. The difference between a misdemeanor and felony is significant. However, even a misdemeanor can be harmful to a person’s daily life for years to come.
Because the consequences of violating an injunction order can be severe, unpredictable, and long-lasting, it is best to allow a qualified attorney to represent you in court if you are facing criminal charges. Representing yourself in court can be dangerous as you may expose yourself to the worst possible consequences. With an attorney working on your behalf, you will be armed with the best possible defenses that will help to seek dismissal or reduction of criminal charges pertaining to an alleged injunction order violation.
The Different Types of Criminal-Related Injunctions in Orange County, Florida
Domestic Violence Injunctions in Orlando, Florida
Domestic violence is a broad term under Florida law and can include a variety of criminal offenses that include, but may not be limited to, battery, assault, stalking, or false imprisonment that causes physical injury or the threat of physical injury or death to a household or family member. To obtain a domestic violence injunction, the petitioner must present evidence showing that he or she lives or has lived with the respondent or that the petitioner and respondent share a child together. The petitioner must also demonstrate that he or she (or a close family member, such as a child) has been the victim of domestic violence or has a reasonable belief that he or she (or a close family member, such as a child) may become the victim of domestic violence in the future absent the issuance of an injunction.
Dating Violence Injunctions in Orlando, Florida
Dating violence is much like domestic violence except that the petitioner and respondent do not need to live together nor share a child together. Instead, a petitioner seeking a domestic violence injunction must demonstrate that he or she and the respondent have had an ongoing romantic or intimate relationship that existed for at least six months before the date the petitioner seeks to obtain a dating violence injunction. Like domestic violence, allegations of dating violence include, among others, battery, assault, stalking, and false imprisonment.
Stalking Injunctions in Orlando, Florida
Under Florida law, stalking is defined as “malicious, intentional, and repetitive” following or harassment of a person. Stalking can be physical – when a person physically follows or harasses another person – or stalking can be carried out by electronic means. Florida law addresses all forms of stalking. As such, cyberstalking, which is communication by any electronic means (email, texting, social media direct messaging, etc.), can be grounds for the issuance of a stalking injunction if the petitioner feels his or her safety and well-being are at risk.
Repeat Violence Injunctions in Orlando, Florida
A person may have grounds under Florida law to seek a second or subsequent violence injunction if a petitioner has been the victim of a repeat act of violence by the same respondent within six months after the first violence injunction was issued by a court. The petitioner must prove that he or she is the victim of the repeat act of violence or stalking or that the victim is an immediate family member, such as a child.
Sexual Violence Injunctions in Orlando, Florida
Florida law allows for victims of sexual violence to pursue injunctions/restraining orders when they feel they are at risk of suffering serious injury or death from another person’s act of sexual violence which may include, but are not limited to, sexual battery, lewd acts against children, and committing or attempting to commit an act of sexual violence in the course of a forcible felony. It is important to keep in mind that a petitioner can obtain a sexual violence injunction regardless of whether criminal charges have been filed against the respondent. In other words, a person may be the subject of an injunction or restraining order even if he or she has not been charged with a crime.
The Injunction Process in Orlando, Florida
Filing the Petition for a Temporary Injunction/Restraining Order
Under Florida law, the first step to the issuance of any injunction is the filing of a petition by the person seeking a temporary injunction/restraining order against another person. The petition must allege an act of domestic violence, dating violence, sexual violence, repeat acts of violence following a prior injunction order, and stalking, among other similar criminal acts.
The petitioner must also present “clear and convincing” evidence that an act of violence or stalking has happened as well as demonstrate that without an injunction, the petitioner and/or immediate family members are at risk of suffering physical harm or even death. While the petitioner may seek a permanent injunction, a court is not likely to issue any permanent injunction at the outset.
The Court’s Decision Granting or Denying a Petition Seeking a Temporary Injunction/Restraining Order
To grant a petition for a temporary injunction/restraining order, a judge will determine whether clear and convincing evidence of a violent act or stalking has been adequately cited in the petition. If enough evidence exists, a judge will likely grant the petition for temporary injunction/restraining order. After the judge enters the order, he or she will schedule a hearing to occur in the near future which will address the underlying allegations cited in the petition. The judge always has discretion to “continue” or extend a temporary injunction/restraining order.
At this future hearing, the respondent can present evidence to refute the allegations in the petition. The judge will then determine whether to terminate the temporary injunction/restraining order, or to enter a permanent injunction which has no expiration date.
Temporary Injunctions/Restraining Orders Only Last for Fifteen Days
If a court issues a temporary injunction or restraining order, the order lasts for no longer than fifteen days, which is not a lot of time for a respondent to (1) find out about the injunction, and (2) take the necessary steps to defend him or herself with the assistance of an attorney. As such, if you believe you are the subject of a temporary injunction/restraining order or you believe you may become the subject of such order, it is crucial to speak with an Orlando, Florida Injunction Defense Lawyer right away. While all respondents subject to injunctions and restraining orders are supposed to be served with the court’s order, this may not always happen.
When a Temporary Injunction/Restraining Order Becomes a Permanent Injunction/Order of Protection
Temporary injunctions/restraining orders are short-term measures taken by courts to allow time for a respondent to appear in court at a later date to address whether a temporary injunction/restraining order should become permanent. At this hearing, it is critical that the respondent is present and that he or she has a qualified Orlando, Florida Injunction Defense Lawyer handling the matter. The hearing presents the respondent with a chance to defend him or herself and to argue why an injunction should not become permanent.
Permanent Injunctions Do Not Expire
A permanent injunction preventing a respondent from coming into contact with the petitioner stays in effect until a court either modifies/changes the order or terminates/dissolves the order. Both the petitioner and the respondent can seek to have a permanent injunction/order of protection modified or terminated and must do so with supporting evidence as to why the injunction should be modified or terminated.
Violating an Injunction in Orlando, Florida – Understanding the Severe Consequences
As previously explained, a court may issue an injunction regardless of whether underlying criminal charges have been filed pertaining to the conduct alleged in the petition seeking the injunction. However, when a respondent violates an injunction, he or she is at risk of facing criminal charges ranging from a first-degree misdemeanor to a third-degree felony. Both levels of crime may result in jail time and the imposition of significant fines.
Courts Tend to Side with the Petitioner When Addressing Potential Violations of an Existing Injunction
While injunctions are intended to protect the safety of the petitioner, the injunction can also unduly harm the respondent if the respondent is accused of violating the injunction. For example, if the petitioner sees the respondent while shopping at a mall, the petitioner may allege that the respondent violated the injunction by coming into close contact with the petitioner. Even if the respondent came into close contact with the petitioner by chance or accident, a court may not see it this way, and instead may agree with the petitioner that the respondent has violated the injunction.
It is understandable that courts want to protect victims of violence, abuse, and stalking, among other similar crimes. However, courts also should consider any evidence presented by a respondent that demonstrates he or she did not willfully violate an injunction. With a solid attorney, respondents have a better chance at fighting allegations of an injunction violation.
If you are facing criminal charges for violating an injunction in Orlando, Florida, you should contact an attorney right away. The Orlando, Florida Injunction Defense Lawyers of Musca Law understand the situation you are in. Our lawyers vigorously defend the rights and interests of their clients regardless of what criminal charges the clients are facing. Having Musca Law represent you provides you with peace of mind that your case is in the hands of a truly qualified lawyer with the necessary experience, skill, dedication, and resources to reach the best result possible given the facts of your case.
Defending Against an Injunction Violation Charge in Orlando, Florida – Why Your Lawyer Matters
Choosing an attorney can be a daunting task, especially with so many choices in Orlando, Florida. Reading the numerous reviews and searching Google endlessly can make you feel even more stressed than you did before you started your search. When facing criminal charges, there is not a lot of time to find an attorney. As such, it is best to limit your search to law firms in Orlando, Florida that focus specifically on criminal law. Additionally, the law firm or attorney you choose should have sufficient experience and resources to fully represent your rights.
Musca Law is a well-known Florida Criminal Defense Law Firm that has a track record of successfully defending clients facing criminal charges, including injunction violations. While there are many great attorneys and law firms in Orlando, Florida, Musca Law stands out from the rest and can reach clients throughout the entire state.
If you are facing criminal charges alleging you have violated an injunction, you have the right to defend yourself, and you have the right to choose the attorney best suited for your needs. At Musca Law, we have many attorneys to choose from that specialize in different aspects of criminal law. As such, when you contact our office, we will match you with the attorney who routinely handles the same type of criminal cases, and one who has substantial courtroom experience.
Many individuals facing criminal charges choose to defend themselves or choose a public defender to save money. While not everyone can afford to hire a private attorney, the risk of moving forward without a private attorney with ample resources can result in an unfavorable result, such as jail time, fines, probation, and a record that shows a criminal conviction. If the conviction is a felony, the right to own a firearm is terminated. As such, too much is on the line to defend yourself without the assistance of an Orlando, Florida Injunction Defense Attorney who has a reputation for success and for providing superior legal representation.
Contact the Orlando, Florida Injunction Defense Lawyers of Musca Law Today
To find out how Musca Law may be able to help you defend against criminal charges, you should consider acting swiftly to speak with one of our Orlando, Florida Injunction Defense Lawyers. Our legal team can provide you with the information you need to fully understand your situation and can also help you fight an injunction order regardless of whether you are facing any criminal charges. To speak with one of our Orlando criminal defense lawyers, contact Musca Law today by calling (888) 484-5057.