Domestic violence and abuse can create incredibly complex and dangerous situations. Victims often feel as if they have nowhere to turn for help. In some cases, obtaining an injunction is the best way to get the breathing room you need to move on with your life. An experienced Orlando injunction lawyer at Conti Moore Law Divorce Lawyers, PLLC, can stand by your side at every turn.
Our lawyers have over 50 years of combined experience practicing family law in Orlando, FL. We have the tools and experience to help you get the results you need during this difficult time. Taking out a restraining order is rarely an easy or simple decision. Our lawyers are here to offer the guidance and support you need right now.
Contact our law offices in Orlando, Florida, today at (407) 831-0203 to schedule a free consultation and learn more about your rights and how we can help.
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How Conti Moore Law Divorce Lawyers, PLLC Can Help With an Injunction in Orlando
Experiencing violence is never easy. If you’ve been a victim, it’s important to understand that there are ways to protect yourself. While it’s not easy to step forward and demand that the violence end, an experienced Orlando, FL, family lawyer can help you obtain the injunction you deserve.
When you hire Conti Moore Law Divorce Lawyers, PLLC, you’re hiring a firm with a perfect 10 Avvo lawyer rating. Super Lawyers “Rising Stars” has recognized our team for exceptional services six years in a row.
Trust that we will:
- Identify the type of injunction appropriate for your situation
- Handle the paperwork and legal filings
- Gather evidence to support your request for an injunction
- Represent you at all hearings and at trial
Our compassionate Orlando injunction attorneys are proud to stand up for clients like you. To learn more about how we can help you, call for a free consultation.
What Is an Injunction in Florida?
An injunction is more commonly known as a “restraining order” or an “order of protection.” Injunctions are granted upon request by a petitioner who has reasonable cause to believe they are in danger. Different types of injunctions exist in Florida.
Our lawyers are commonly called upon to help clients obtain protective orders when they are at risk of suffering:
- Domestic violence
- Dating violence
- Sexual assault or abuse
- Repeat violence of any type
- Stalking and harassment
At the core, an injunction prohibits someone from taking certain actions. Those actions are outlined within the terms of the court-ordered injunction itself.
Do you have questions about how to obtain an injunction? Have you been served with an injunction based on false allegations? Our Orlando injunction attorneys at Conti Moore Law Divorce Lawyers, PLLC, are here to protect you. Contact our family law firm today to learn more about your rights.
What Can an Injunction in Orlando Accomplish?
Injunctions in Florida can contain many different prohibitions. Depending on the circumstance, a court-ordered injunction may accomplish the following:
- Bar the offender from making any contact with the victim, whether by phone, mail, email, or text.
- Prevent the offender from going within a certain distance of the victim’s home, office, school, or places they regularly visit.
- Order the offender to vacate a shared residence
- Order the offender to continue paying shared expenses
- Restrict the offender’s child custody or visitation rights
- Order the offender to relinquish any firearms
The terms of an injunction can vary depending on the evidence and the allegations of misconduct.
Different Types of Injunctions in Florida
While the most common type of injunction is a domestic violence injunction, several different types of protective orders exist. When requesting an injunction, it’s critical to ensure that you’re seeking the proper type of restraining order.
Domestic Violence Injunctions
Domestic violence injunctions are available to “family and household members” in cases involving domestic violence. Domestic violence injunctions are only available against family and household members, including:
- Spouses
- Former spouses
- Someone you are living with
- Family members, by blood or marriage
- Someone you previously shared a residence with
- Your child’s other parent
You don’t have to be married to qualify for a domestic violence injunction. That said, you will be required to provide a statement outlining your relationship with the alleged offender. Once you establish that the offender is someone with whom you shared a qualifying domestic relationship, you can petition for a domestic violence injunction if:
- You have been a victim of domestic violence, or
- You have reasonable cause to believe you are in imminent danger of becoming a victim of domestic violence
Domestic violence can include any type of criminal action that causes physical injury or death. That includes assault, aggravated assault, battery, sexual assault, sexual abuse, stalking, kidnapping, and false imprisonment, among other crimes.
If you feel that you’re in danger, let our attorneys in Orlando help protect your safety. Contact us today to learn more about your right to seek an injunction.
Dating Violence Injunctions
Domestic violence injunctions are only available to those who are family members or share a household. Violence can easily occur between people who have never lived together, been married, or shared a child.
Injunctions can be issued to prevent dating violence if:
- You had a dating relationship within the six months prior to requesting the injunction
- Based on the nature of the relationship, an expectation of romantic affection or sexual involvement existed
- The dating relationship was continuous over a period of time, as determined by evaluating how often you interacted with the other party.
The standard for obtaining a dating violence injunction is the same as in the domestic violence contest. You must have been a victim of violence or have reasonable cause to believe you are in imminent danger.
Sexual Violence Injunctions
Domestic and dating violence injunctions require proof of some type of relationship. You can obtain a sexual violence injunction even if you have no prior relationship with the offender.
Florida courts have the authority to issue sexual violence injunctions if you were a victim of sexual violence and either:
- You have reported the attack to law enforcement and are currently cooperating in an investigation or
- Your attacker has been convicted and sentenced to prison, and your risk of another attack has increased because they’ve either completed their prison sentence or are scheduled to be released within 90 days.
All sex crimes qualify as sexual violence in the context of a protective injunction.
Repeat Violence Injunctions
To obtain an injunction based on repeat violence, the following must be true:
- The offender has committed at least two acts of violence or stalking against you
- One of those violent acts happened within the six months prior to requesting the injunction
Repeat violence injunctions can be requested by either the victim or a close family member.
Stalking Injunctions
Stalking injunctions can be ordered to prohibit any type of stalking. That includes in-person harassment, cyberstalking and other similarly disturbing acts.
How Long Can an Injunction Last in Orlando, Florida?
If the court determines that an imminent threat of danger exists, they can issue an ex parte injunction based solely on the information that you have provided. These temporary injunctions can last no longer than 15 days. An ex parte injunction is really a stop-gap measure that attempts to prevent abuse until a formal hearing can be held.
Within 15 days, a hearing must be held to allow each party to present evidence. You have the right to be represented by an attorney–and, in fact, quality legal representation will often be critical to the outcome whether you are requesting or opposing the injunction.
Once a “permanent” restraining order has been issued, it can really last indefinitely. However, most judges will set a time limit. After that time has expired, each party again has the opportunity to present evidence about the continued need for the injunction.
What Are the Penalties for Violating an Injunction in Florida?
Violating the terms of an injunction is a crime in Florida. That’s true even if the restrained party hasn’t been convicted of a separate crime. The first violation is a first-degree misdemeanor. A second or subsequent violation can result in third-degree felony charges. In either case, both jail time and financial penalties are possible.
Can Conti Moore Law Divorce Lawyers, PLLC Help if I Was Served With a Domestic Violence Injunction in Orlando?
Yes. It’s always critical to seek legal advice if you have been served with an injunction. The injunction can impact your life in many unexpected ways. It can jeopardize your child custody rights, restrict your freedom of movement, and impose counseling and other requirements.
You may only have 15 days to build your case. Once an injunction becomes final, it can be much more difficult to overturn.
Contact an Experienced Orlando Injunction Lawyer for a Free and Confidential Consultation
Any type of abusive relationship can have a detrimental impact on the victim’s health and well-being in Orlando, Florida. If you’re considering filing for an injunction, having an experienced Orlando injunction lawyer on your team can provide the peace of mind you need during this turbulent time. Contact Conti Moore Law Divorce Lawyers, PLLC, to arrange a confidential consultation today.