What is an Injunction in the State of Florida?
Serving You and The State of Florida
Injunctions are usually used to help protect the safety of those who have suffered improper contact or advances from another person or entity. These legal orders are most commonly connected with domestic violence cases, but they can be applied in other situations as well. Essentially, this type of court order is used to prevent one person from harming another.
There are various kinds of injunctions that might be issued, depending upon the kind of situation that is in play. If you have been harmed by another person, you might need to speak with one of the attorneys at Lopez Law. The legal team at Lopez Law Group has years of experience with cases involving injunctions and can help you seek a favorable outcome in your case.
What Does an Injunction Do?
The basic function of an injunction is to legally compel one person not to have contact with another. Some injunctions are temporary, while others are entered for a set duration. In either case, the party that has been ordered not to interact with another party cannot engage with them in any way unless they want to face serious penalties.
This kind of court order does not have to just apply to domestic violence cases. If you are afraid of physical violence at the hands of any other party, you can seek an injunction against them. It does not matter if this person is just an acquaintance from work or an ex-spouse. Threats of violence are also considered worthy of this legal action, so you do not have to wait for the other party to actually harm you to seek an injunction.
Do I Have to Report the Violence to Law Enforcement for an Injunction to be Placed?
Typically, it is a good idea to have law enforcement involved with your situation before you start to work with a legal team to help you seek an injunction. Law enforcement can record the details of the interaction that led to your request, and they can provide an impartial opinion of the situation. This kind of “proof” of your negative interactions with the person involved in the situation can be critical if your case goes to court.
There are other kinds of injunctions where law enforcement might not need to be involved in order for there to be the kind of proof needed to defend your request to ask for this kind of legal action to be taken on your behalf.
Your lawyer will be able to advise you about the additional steps that might need to be taken to ensure that you are able to successfully seek an injunction against another person. Consulting with someone who is familiar with this kind of legal process can be a big help to your situation. The team at Lopez Law is always happy to schedule a consultation to speak with you about possibly filing an injunction on your behalf.
Does Repeat Violence Necessitate an Injunction?
While you are not required to file an injunction against someone who has acted with violence toward you more than once, you should consider taking this step. Being able to show that you have taken legal action against your aggressor helps to actually convict them of a crime. Repeat violence shows a pattern of behavior that warrants a different level of reaction on the part of the court.
The person who has taken violent action against you more than once does not have to be related to you for an injunction to be sought. You can seek an injunction against any person who has offered to harm you repeatedly.
Repeat violence injunctions require that there have been two threats or acts of physical violence and that at least one of the acts must have taken place within the last six months. Stalking also counts within this count of two times that someone has attempted to actually cause you harm.
What Kinds of Actions Are Considered Acts of Violence?
Under Florida law, there are various actions that can be taken into consideration as acts of violence toward someone seeking an injunction. Some examples of actions that can be cause to file an injunction are:
- Throwing things at you
- Pulling hair,
- Marital rape
- Pinning someone else down
- Unwanted kissing or touching
- Threats to hurt you
- Following you
- Keeping you from calling law enforcement
- Using a weapon
- Causing harm to a pet
- Threats to commit suicide
- Causing an injury to you
There are many other actions that can be considered part of a case where an injunction is needed, but these are good examples. If you are not sure if you should file an injunction, your lawyer from Lopez Law will be able to help you to determine what your next course of action should be. Many people are surprised at just how many different kinds of actions can be linked with violence, which can help prove that you need to file an injunction against someone.
What Are the Consequences of Injunctions?
Filing an injunction can bring the following penalties to bear on the person whom the injunction has been filed against:
- Limitation of the ability to buy and possess firearms and weapons.
- Leaving or moving out of a shared residence or dwelling.
- Limits to or restrictions against time spent with minor children.
- Completion of a Certified Batterer’s Intervention Program.
- Issues with obtaining and retaining employment.
- Professional license revocation.
- Admission to colleges and military positions can be limited or prevented.
Final injunctions can be enforced in all 50 states. This means that even if you move to create some distance between you and an aggressor, they cannot choose to follow you and start the pattern of behavior again.
What Do I Need for My Case?
You will need to work with your legal team to gather all the necessary evidence and information for your case. The following items will usually be requested by your legal team before action is taken to seek an injunction.
Witnesses can be a key aspect of successfully requesting this kind of legal action be taken against someone who has attempted to or has successfully harmed you. These people might need to be issued subpoenas to come to court to testify. Police officers, child protection investigators, and other impartial parties can also be summoned if they have knowledge about the situation.
You will need to have pictures, written communication, telephone messages, and things like medical records in hand to help prove your side of the story.
Proof of Income
For those requesting child support or alimony, you will need to have proof of your current income like pay stubs or your taxes from the year before.
Deeds or Proof of Shared Ownership
If you own things like property, cars, or other items of value with someone who has harmed you, you will need to bring proof of your claim to these items before your case goes to court.
Copies of Other Court Orders
If the person who has harmed you is involved in child custody, child support payments, or you have divorced them, you will need to bring these kinds of items to your lawyer when you have your consultation. This kind of information can be important to the injunction process as there might need to be changes to these other legal orders and how they are handled after the injunction has been filed.
It is always ideal to get access to legal support for these kinds of situations since there are so many considerations to have in mind. Your legal team will help you to collect all of the documents and other items that you have on hand to be able to seek an injunction successfully.
The Injunction Process Can be Vital for Your Safety
If someone has threatened to harm you or has been successful in harming you, an injunction is a key step in managing your contact with this person. Those who have been forbidden to interact with others via an injunction can be held legally responsible if they are unwilling to respect the injunction order.
Injunctions can ensure that those who have been accused and convicted of aggressive or violent actions against someone else are unable to seek employment, travel, or own things like firearms and weapons. You will want to be sure that you always seek an injunction against someone who has threatened you in this manner, even if they are not family or someone that you live with.
The team at Lopez Law will be able to help you to seek an injunction against someone who has threatened you. We will collect the necessary information and evidence and work hard on your behalf to make sure that you and your family are safe from harm. Schedule a consultation with us today to find out how we can help you handle threats or actions of violence in the state of Florida.
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