When you are given an injunction, your rights may be limited depending on the circumstances of a criminal accusation made against you. However, just because you are given an injunction does not mean that you have to accept it without properly defending yourself first.
If you have been handed an injunction, consult with one of our trusted Attorneys at Leifert & Leifert for guidance. A Boca Raton injunction Lawyer may be able to argue against an injunction or amend the requirements of an injunction.
Purpose of an Injunction
The purpose of an injunction, or protective order, is to protect an accuser, usually an alleged victim of domestic violence, from any further harm committed by an individual. According to Florida Statute § 741.20, an alleged victim of domestic violence, or a person who has reasonable cause to believe they are in danger of becoming a victim of domestic violence, may ask the Court to issue a protective order. The Court may issue a temporary restraining order for 15 days without hearing from the respondent. After 15 days, the Court must hold a full hearing after the respondent is served correctly.
Injunction Determinations
Upon delivering a petition for a protective order to be issued, the Court may make specific determinations. For example, the petitioner may be awarded temporary exclusive use and possession of the dwelling that the parties share or exclude the respondent from the residence of the petitioner. The respondent may also be required to follow a temporary parenting plan and/or temporary plan for support of a child. Support could also be extended towards a petitioner. In addition, a respondent may also be required to attend a batterers’ intervention program, as firmly stated in Florida Statute § 39.901.
Violations of Injunctions
You could be criminally charged with violating a protection order if you willfully engage in actions that undermine the protective order. Examples of these actions include the following:
- Refusing to vacate a dwelling
- Being within 500 feet of the petitioner’s residence, school, job, or of a place frequented by the petitioner and any names family or household member
- Threatening the petitioner
Violation of a protective order may be punishable a Misdemeanor of the first degree. Upon conviction for this offense, you may be subject to a Jail sentence of up to one year. In order to avoid a potential conviction, or if you wish to have the penalties for the offense lessened, it may be necessary to hire a Boca Raton injunction Lawyer for legal assistance.
A Boca Raton Injunction Attorney Can Help
When presented with an injunction, you may have to alter your life in a way that does not benefit you. In some cases, individuals have had to change their place of residency as well as their place of employment in order to comply with an injunction. Having such an order hanging over your head could damage your reputation, making it difficult to live a normal life moving forward.
With this in mind, if you have been handed an injunction or have been accused of violating an injunction, be sure to reach out to a Boca Raton injunction Lawyer for help. One of our skilled Attorneys at Leifert & Leifert could fight tirelessly on your behalf to get you the justice you deserve.
