Help For Everything Related To Florida Injunctions
Last updated on September 29, 2026
An injunction can protect you from someone and it can limit your rights if someone serves you with one. Whether you need to get an injunction against someone who poses a threat to you, or you have received notice you are being served an injunction from someone else, you need a skilled attorney.
The Lee Viacava Law Firm can help you with the challenges of obtaining or defending yourself from an injunction. Award-winning attorney Lee Viacava helps you personally with every step associated with an injunction, making sure to protect your rights along the way.
Injunctions: What You Need To Know
It is not always easy to understand injunctions; they can be very complicated. If you have questions, you can take a look at this brief section that answers some common questions about court-ordered injunctions in Florida.
What is an injunction?
An injunction, also sometimes called a restraining order, is a court order meant to protect one person from the actions of another.
How do you qualify for an injunction?
In our state, you may seek an injunction from the court for protection against stalking, domestic, dating, repeat and sexual violence. For example, you may ask the court for protection if you are a victim of domestic violence or if you believe that you may become a victim of domestic violence. Florida considers domestic violence any unlawful physical contact from a family member or household member.
What should you do if someone gets an injunction against you?
You need to contact an injunction lawyer immediately if you have been recently served with a temporary restraining order. Mr. Viacava will explain your options, let you know what to expect and can represent you at the upcoming hearing or additional criminal proceeding if necessary.
Do I really need a lawyer to handle an injunction?
A skilled criminal defense lawyer like Mr. Lee Viacava is absolutely critical when it comes to an injunction. If you are afraid of someone hurting you, your lawyer can make sure you have the best chance possible of getting an injunction against them. If you have been served an injunction, Mr. Viacava can protect you as well.
The Injunction Hearing Process
When a judge signs a temporary injunction, that order goes into effect immediately, but it does not last. Under Florida law, a temporary injunction can remain in place for up to 15 days, during which the court schedules a return hearing where both sides appear and present their case.
That return hearing is a formal proceeding before a circuit court judge. Both parties are expected to show up and testify under oath. The petitioner presents first, offering testimony, documents, photographs, messages or any other evidence supporting the request for a permanent order. The respondent then has the chance to cross-examine, call their own witnesses and present counter-evidence. The judge evaluates both sides and decides whether the evidence supports making the injunction permanent.
A permanent injunction in Florida has no set expiration date. It stays in place indefinitely unless a party returns to court to modify or dissolve it. That is why the return hearing is so important. What happens in that courtroom, and how well each side is prepared, often determines whether the order follows someone for years.
Serving someone with a temporary injunction and having a hearing date set does not leave much time to prepare. Contact Mr. Viacava as soon as you receive notice so he can begin building your case before you walk into that courtroom.
When An Injunction And A Criminal Case Run At The Same Time
A civil injunction and a criminal battery or domestic violence charge are separate legal proceedings, but they are not separate in any practical sense. They often grow from the same incident, involve the same people and run at the same time, and what happens in one can directly affect the other.
The most important thing to understand is this: anything you say under oath at a civil injunction hearing can be used against you in a pending criminal case. A respondent who testifies at the return hearing hoping to resolve the injunction quickly may end up handing the prosecution exactly the statement it needs to strengthen a battery or domestic violence charge. The civil hearing offers no Fifth Amendment protection from use of that testimony in a criminal proceeding.
Prosecutors and opposing counsel know this. If criminal charges are pending or possible when an injunction hearing is scheduled, you need an attorney who understands both proceedings before you say anything in that courtroom. Mr. Viacava handles both sides of these overlapping cases and can advise you on how to protect yourself across both at once.
Talk To A Defense Attorney About Florida Injunctions Today
Lee Viacava can assist you with the injunction petition or help you have it dismissed. Learn more when you contact him for an initial consultation. To reach him, please call him at 239-672-8934 or send him an email.
