Florida Injunction for Protection?

Aaron O’Brien represents both Petitioners and Respondents in all manner of domestic violence injunctions, restraining orders, injunctions against stalking and repeat violence throughout Southwest Florida.

Have You Been Served With an Injunction?

You come home and find a sheriff’s deputy waiting for you.

You are handed a stack of papers telling you that someone—a spouse, former girlfriend or boyfriend, family member, neighbor, or perhaps someone you barely know—has obtained a Temporary Injunction for Protection against you.

You may be ordered to stay away from a person, leave your home, have no contact with your children, stay away from particular locations, or surrender your firearms and ammunition.

All this without the judge hearing your side of the story yet.

A final hearing will be set quickly.  At the hearing, the Court will determine whether sufficient evidence exists to issue a Final Injunction.

Do not underestimate the seriousness of these proceedings.  An injunction or restraining order can have tremendous consequences – even when it involves someone you’d rather never see or hear from again.

More and more, I see injunction petitions involving text messages, emails, photographs, videos, social media posts, and other electronic evidence. Regardless of whether you are a Petitioner or Respondent, do not assume you can simply show up at the final hearing, scroll through your phone, and explain everything to the judge. It does not work that way. 

A final injunction hearing is an evidentiary hearing. The rules of evidence apply. Evidence must be properly admitted. Witnesses testify under oath and can be cross-examined. Objections can be made. At the conclusion of the hearing, the judge—not a jury—will decide whether the legal requirements for a Final Injunction have been established.

An injunction is a civil proceeding, and the rules concerning a Respondent’s testimony are different from those in a criminal prosecution.  A Respondent may have a Fifth Amendment right not to answer questions that could be incriminating, but invoking that right in a civil case can have consequences of its own.  

On the other hand, testifying in an effort to defeat an injunction without considering the effect that testimony could have on a pending or potential criminal case can be a serious mistake.

If a Final Injunction is entered, the consequences can extend well beyond the relationship between the Petitioner and Respondent. Professional and occupational licenses may be affected; employment may be jeopardized; admission to schools or universities may be affected; and there may be immigration consequences.

Plus, violating an injunction can result in your arrest and criminal prosecution. Depending upon the circumstances and the conduct alleged, you could face misdemeanor or even felony criminal charges.

Aaron O’Brien represents Respondents in Florida Injunction for Protection proceedings.  He can review the Petition and allegations, identify the applicable legal issues, examine the evidence, prepare you for the hearing, cross-examine the Petitioner and other witnesses, present evidence on your behalf, and argue against entry of a Final Injunction.

Do You Need an Injunction for Protection?

Mr. O’Brien also represents Petitioners seeking Injunctions for Protection.

If you believe you are the victim of domestic violence, dating violence, repeat violence, sexual violence, or stalking, Florida law may allow you to petition the Court for an Injunction for Protection.

Obtaining a Temporary Injunction is not necessarily the end of the case.  A final hearing will ordinarily be scheduled, and the Respondent will have an opportunity to appear, challenge your allegations, present evidence, and be represented by an attorney.

You should be prepared to prove your case. 

Mr. O’Brien can help determine the appropriate type of injunction, prepare and present your evidence, examine witnesses, respond to defenses raised by the Respondent, and advocate for entry of a Final Injunction for Protection.

Sometimes an injunction proceeding also overlaps with a pending criminal investigation or prosecution. In those circumstances, the interaction between the two cases should be carefully considered.

Whether you are seeking protection through an injunction or defending against one, the final hearing can have significant and lasting consequences.

Whether you need to seek an Injunction for Protection, or if you have been served with a Petition or Temporary Injunction, contact Attorney Aaron O’Brien as soon as possible to discuss your case.