Injunctions: what they are and how they are used in criminal cases

On Behalf of | Oct 25, 2024 | Firm News

Even though an injunction and a restraining order are similar there are some key differences. All restraining orders are injunctions but not vice versa. An injunction is a broad term when a court orders a party to do or refrain from specific acts which can be temporary or permanent. However, a restraining order usually prohibits one individual from contacting another individual.

Typically, once a petition is filed the Judge will decide within twenty-four hours to grant or deny temporary relief and then set a hearing within two weeks. These types of hearings not only can have a major impact on your life, but they can significantly affect your defense if you have a pending criminal matter or if you are under investigation. This is why it is extremely important to hire a lawyer immediately and not wait until the last minute.

Types of Injunctions in Florida

Florida law recognizes several types of injunctions:

  • Domestic Violence Injunctions: These protect victims of domestic violence from family or household members.
  • Dating Violence Injunctions: For victims who have been in a dating relationship with the abuser within the past six months.
  • Sexual Violence Injunctions: Protect victims of sexual violence, even if there’s no prior relationship with the perpetrator.
  • Repeat Violence Injunctions: For victims who have experienced at least two incidents of violence or stalking.
  • Stalking Injunctions: Protect victims from stalking or cyberstalking.

How to Obtain an Injunction in Florida

  • File a Petition: The process begins by filing a petition with the court. Forms are available at the courthouse or online.
  • Temporary Injunction: A judge will review the petition and may grant a temporary injunction if there’s an immediate concern or threat.
  • Service: The respondent (person the injunction is against) should be served with the petition and notice of hearing. What’s more concerning is when the court grants temporary relief with notice to the respondent.
  • Final Hearing: Both parties present their case to a judge, who decides whether to grant a final injunction.

Effects of an Injunction

If granted, an injunction can: (the list below is not exhaustive)

  • Prohibit the respondent from contacting or coming near the petitioner
  • Require the respondent to leave a shared residence
  • Address child custody and support issues
  • Require the respondent to surrender firearms
  • Violations of an injunction can result in criminal charges too

Injunctions as a strategy

Injunctions can be used to protect an individual immediately and then help the prosecution at a later point.  Which is why if you need an injunction or were served with a temporary one, consult with an experienced legal advocate who will walk you through the process.