Injunctions can have a major impact on the outcome of domestic violence charges as well as other factors of your life. For instance, these orders could affect where you live and where you can go when you see your children. Once a Judge issues an injunction, it is in full force and effect for however long as the Judge sees fit and could be placed as permanent. Any violation of this order may result in aggressive criminal penalties as well as contempt proceedings.
If you know a Court is holding a hearing to decide on issuing an injunction or another person accused you of violating an order, you may need help from our experienced Attorneys at Leifert & Leifert. A Delray Beach injunction Lawyer can give you advice and help you decide on an appropriate course of action.
Process of Obtaining an Injunction
The Court may order an injunction if someone states that they have been, or are likely to be, a victim of domestic or sexual violence. If the alleged victim is a family member, they may request an injunction under Florida Statute §741.30.
To begin the process, the alleged victim must file a sworn petition with the Circuit Court. The petition must state certain information as provided in the statute, and they must present evidence in writing to both the judge and the other party. The law does not require that the parties have legal representation to file a petition for an injunction, though they have the option to hire an Attorney.
Once a person files a petition, the Court must hold a hearing. The Judge may make a temporary order without notice to the other party if they believe that the alleged victim is in immediate danger. It is also important to mention that the Court may not issue mutual restraining orders or make any decisions which affect the title to real estate.
Types of Domestic Violence Covered by Injunctions
In the request for an injunction, there must be information about both parties as well as information about the alleged act of violence or feared acts of violence. One of our Delray Beach injunction Attorneys at Leifert & Leifert can review your case if you are facing an injunction and determine what legal actions you should take. The types of prohibited actions that may warrant an injunction may include:
- Assault
- Battery
- Sexual assault or battery
- Stalking
- Kidnapping or false imprisonment
Contents of an Injunction
A protection order may include any of the following restraints:
- Acts of violence
- Use of home
- Child custody
- Temporary child support
- Counseling and treatment
- Possession of a gun
Penalties for Injunction Violations
If you violate an injunction, the Court may charge you with a first-degree misdemeanor, as described in Florida Statute §741.31. As a result, you may face up to one year in prison and $1,000 in fines.
Someone can break an injunction by refusing to leave the household from which they are prohibited from entering, being too close to the alleged victim’s workplace or home, hurting the alleged victim, contacting the alleged victim or refusing to surrender their gun. A Delray Beach injunction Lawyer could ensure that you are acting within its conditions at all times.
Get Advice from a Delray Beach Injunction Attorney
Someone may deal with an injunction by fighting against the Court that is issuing it. However, if a Judge has issued a restraining order, you must understand its conditions and restrictions. Otherwise, you may face severe consequences. To get legal advice about your injunction, contact the Delray Beach injunction Lawyers at Leifert & Leifert today.
