Injunctions are handled in the civil courts, and are therefore non-criminal. However, even as a criminal defense attorney, I represent both petitioners (those applying for the injunction) and respondents (those being served with injunctions) due to the fact that injunctions are rooted in allegations of domestic violence or dating violence. Given my experience handling domestic violence on the criminal side, I dedicate that same knowledge to assisting clients in obtaining and defending against civil injunctions.
If you are a victim of domestic violence, dating violence, harassment, or stalking, and such conduct has occurred within the last six months, you may be eligible to obtain an injunction, or long-term/permanent order of protection, against the perpetrator.
If you have been served with an injunction, you may at risk for having a public document filed with the court, claiming that you have committed acts of violence and that somebody is seeking court-ordered protection from you.
Injunctions are serious. They should not be abused. They are intended for victims of violence or people who are at serious risk for becoming victims of violence.
Injunctions are not for jilted or jealous ex-lovers. The court system is not to be abused. Unfortunately, it is.
If you have been served with an injunction, you may need representation to get that injunction dismissed.
If you are in a domestic violence relationship or in a situation where you may be in danger, you may need to obtain an injunction.
In order to obtain an injunction, you must go to the Miami-Dade or Broward court (depending on the county in which you live) and file a petition. This petition must allege the reason for which you are seeking protection.
The court will then issue a temporary restraining order until a hearing is held. The hearing is usually 7 days after the issuance of the temporary restraining order.
At the hearing, a judge must hear credible evidence that the petitioner is at risk for becoming a victim of domestic violence.
If the judge makes that finding, he or she will issue an injunction. An injunction may be for a period of time (months or years), or it may be permanent.
Later on, if the petitioner agrees that he or she is no longer afraid of the respondent, the injunction may be amended or vacated.
This is a judicial process, so involving an attorney is smart.
I handle injunctions in both Miami-Dade County and Broward County.
Call me today to discuss your injunction matter.