What Is a Legal Injunction?
You often hear the term “injunction” used to describe proceedings in a legal case, but many people are unsure what exactly this means. A legal injunction in simple terms is a court order that requires a person or entity to continue or cease a certain action. The most common legal injunction that is used is referred to as a restraining order used in domestic disputes. In Florida, this is called a Petition for Injunction Against Domestic Violence and can have long-lasting impacts for those accused in a domestic dispute
Is a Legal Injunction a Criminal Charge?
Legal injunctions are handled in civil court and are separate from any criminal charges that may be related to the case. However, the two often go hand-in-hand. If a person is charged with domestic violence, the plaintiff and the victim may also file a Petition for Injunction Against Domestic Violence in civil court to limit contact between the accused and the plaintiff. Also, if a person violates a legal injunction, they may have criminal charges filed against them that can lead to fines and jail time, as well as a negative impact on their permanent record.
Who Can File a Petition for a Domestic Violence Injunction?
When most people think of domestic violence charges or restraining orders, they imagine an abusive spousal or co-inhabitant relationship. However, it is not just spouses or domestic partners that can file legal injunctions. Petitioners can ask for a legal injunction or restraining order when they have been the victim of domestic violence or believe they are in imminent danger. This can be against a roommate, someone they dated, a family member, or a spouse.
Consequences of a Restraining Order
If you have a domestic violence injunction or restraining order filed against you, there are immediate and possible long-term consequences. Not only may you not be able to contact the petitioner, you may need to move to another residence. Depending on the injunction, you could be required to: attend counseling, give up possession of a firearm, pay support, or lose visitations with your children. Restraining orders can also stay on your permanent record, even if you are found not guilty of related charges.
Legal Injunction Defense Lawyers in Florida
If you receive a petition for a legal injunction, you need to know your rights. Contact our team at Tison Law Group for a free consultation. We can advise you on how to proceed to defend yourself against a legal injunction and protect your reputation and legal rights.