Restraining Orders - InjunctionsFlorida Statute
An injunction, commonly referred to as a restraining order or order of protection, is a court order directing someone to follow certain conditions and not have contact with the individual who files for the injunction. Injunctions are issued to protect individuals and their family members from domestic violence, repeat violence, dating violence, harassment, stalking, and neighborhood disputes. Parents and guardians can seek injunctions and restraining orders on behalf of themselves and their minor children.
Types of Restraining OrdersTemporary Injunctions
Temporary injunctions and restraining orders are usually in effect for less than a month. They may be granted without a formal hearing if a court can determine that there is enough evidence to support a temporary injunction until the court can schedule a hearing to completely review the evidence and take testimony from witnesses.
Permanent injunctions and restraining orders are usually granted once a hearing has been held to determine if the grounds for a temporary injunction warrant continued protection. Permanent injunctions can be ordered for a definite period of time or indefinitely, until further order of the court.
Domestic Violence Injunctions
Domestic violence injunctions are either temporary or permanent injunctions that are issued when there are acts of violence with in a family setting. Domestic violence injunctions require the petitioner to demonstrate that at least one act of violence has occurred within the family setting within 6 months of filing the petition.
Repeat Violence Injunctions
Repeat violence are either temporary or permanent injunctions that are issued when there are acts of violence between unrelated individuals. Repeat violence injunctions require the petitioner to demonstrate that at least two acts of violence have occurred between the unrelated individuals within 6 months of filing the petition.
Filing and defending injunctions and restraining orders can be a difficult area of the law. Many petitions for injunction are dismissed without a hearing because the petitioner has failed to set forth the required criteria in their request for the injunction. You may need a lawyer who is experienced in and training to file and defend against injunctions to ensure you receive the protection you need.
Contact Lance P. Richard, P.A. at 772-223-9600 today to obtain a free consultation on how we can assist you in filing or defending against an injunction for protection against violence.
Lance P. Richard, P.A. handles Injunctions and Restraining Orders in Martin County, Florida; St. Lucie County, Florida; Palm Beach County, Florida; Indian River County, Florida; Okeechobee County Florida, and the following cities: Stuart, Palm City, Jensen Beach, Hobe Sound, Jupiter, West Palm Beach, Palm Beach Gardens, Lake Worth, Wellington, Boynton Beach, Port. St. Lucie, Sewall's Point, Ft. Pierce, Vero Beach, and Okeechobee.
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