Tampa Domestic Violence Injunction Attorney
Florida law provides four different types of injunctions and restraining orders as follows:
Florida law provides for the following four types of restraining orders:
The Court should issue an injunction if the petitioning party can demonstrate that there is “an immediate and present danger of violence” against yourself based upon the other person’s past conduct towards you.
The Process for Obtaining an Injunction
First a petition for an injunction is filed and a judge reviews the document, and determines whether to issue a temporary injunction, pending a full evidentiary hearing. The judge only considers what is alleged in the actual petition and nothing else. For the purpose of the initial review, the judge must also assume that the information contained within the injunction is true.
If the judge issues a temporary injunction, a final injunction hearing will be scheduled within 15 days of the temporary injunction having been issued. At this final hearing each party is given the opportunity to present any witnesses, photographs, or other evidence to support or defend against the claims.
If the judge issues a final judgment for protection against violence, also known as a “permanent injunction,” the injunction will remain in effect until it is modified or dissolved by the court.
The injunction may be indefinite or expire on a date certain, or may be extended beyond their expiration date, provided a request is made prior to the expiration date.
Injunctions issued in Florida are enforceable nationwide. Similarly, a qualifying final order of protection against domestic violence issued by a court of another state is fully enforced by Florida courts and law enforcement as if it were issued in Florida.
If you are in need of an injunction or are defending yourself against an injunction, contact our office today at (813) 251-6222 to discuss how we can help you.