Receiving an injunction order can be stressful and confusing. Many people are unsure what the order means, what they can and cannot do, and what steps they should take next.
Although an injunction is a civil court matter, it can have serious consequences. The restrictions may affect where you go, who you can contact, your ability to return home, and other aspects of your daily life.
Understanding the order and following the court’s requirements immediately is critical.
What is an Injunction?
In Florida, an injunction is commonly referred to as a restraining order. It is a civil court order designed to protect someone who claims they are at risk of harm, harassment, stalking, violence, or unwanted contact.
Depending on the type of injunction, the court may order you to:
- Have no contact with the petitioner
- Stay away from the petitioner’s home, workplace, or vehicle
- Avoid certain conduct described in the order
- Follow other restrictions imposed by the court
The exact restrictions depend on the language of the order. That is why carefully reading every page is important.
Take the Injunction Seriously
Even though an injunction is a civil case, violating the order can result in criminal consequences.
A violation of an injunction may lead to an arrest and can result in a first-degree misdemeanor charge under Florida law. In addition, an alleged violation may affect the court’s view of your case and create additional legal problems.
One of the most common mistakes people make is assuming they can communicate because the other person agrees to it. That is not always true. Even if the petitioner contacts you first, invites you to meet, or says they want the order dropped, you are still responsible for following the court’s order unless it has been modified.
What Should You Do After Being Served?
After receiving an injunction, you should:
Read the Entire Order
Review all restrictions, deadlines, and hearing dates. Do not rely only on what someone tells you the order says.
Follow the Restrictions Immediately
Begin complying with the order as soon as you receive it. Do not wait until after speaking with an attorney or until the hearing date.
Avoid Contact With the Petitioner
Do not call, text, message, email, or communicate through another person unless the court specifically allows it.
Attend Your Hearing
If you want to contest the injunction, you must appear at the scheduled hearing. Failing to appear may result in the court entering a final injunction against you.
Speak With an Attorney
An injunction hearing can affect your reputation, relationships, and future legal matters. An experienced attorney can help you understand the allegations, prepare for the hearing, and present your side of the story.
How Lee Viacava Can Help
An injunction does not automatically mean the allegations against you are true. You have the right to contest the request and present evidence at the hearing.
At the Lee Viacava Law Firm, we help clients understand their rights, prepare for injunction hearings, challenge unsupported allegations, and navigate the legal process from beginning to end. Every injunction case is different. Lee Viacava evaluates the specific allegations, identifies available defenses, and prepares clients to present their side of the story at the final hearing.
If you have been served with an injunction in Lee County or elsewhere in Southwest Florida, taking action quickly can make a significant difference in preparing your defense before the final hearing. Contact Lee Viacava to discuss your options and learn how we can help protect your rights at Call.