Injunction Defense Lawyer in Orlando
Providing the Serious Legal Counsel You Need
If a person believes that you present a danger to them or their family, they could petition the court for an injunction. This document, also called a restraining order or protective order, is a legal directive from the court that requires you to stop contacting that individual and cease certain behaviors. Being served with an injunction means that you are limited in the things you can do, such as going to your home, contacting your children, or maintaining possession of your firearm.
Because an injunction is a legal order, if you fail to comply with the terms, you could face criminal charges. If convicted, you could be sentenced to jail and required to pay fines. The consequences of being served with a protective order, or violating its conditions, are severe. As such, it’s important to have a skilled attorney on your side to fight the order. At the Law Offices of Jose E. Lopez, P.A., we are ready to be that lawyer for you.
Schedule your free consultation today by calling us at (407) 410-3173.
Types of Injunctions
Florida has 4 kinds of protective orders that could be issued against a person, and the type that you could be served with depends on your specific circumstances.
A person could petition for any of the following injunctions:
- Domestic Violence: filed against a person who allegedly harmed a member of their family or household
- Repeat Violence: issued in the name of an individual accused of committing violence against or stalking another on 2 or more occasions
- Sexual Violence: pursued against a person who is claimed to have committed sexual battery, a lewd or lascivious act against a minor, sexual performance by a child, or other offense involving sexual conduct
- Dating Violence: filed when a person is in a romantic or intimate relationship and the other individual claims they were the victim of violence
How an Injunction Is Obtained
A person obtains an injunction by submitting a petition to the court. A judge will review the document and decide whether or not to issue a temporary restraining order or schedule a hearing before making a final decision. If you are served with a temporary injunction, the court must set a hearing within 15 days.
During the hearing, you have the opportunity to challenge the injunction. You can provide evidence, such as witness testimony or material objects, to support your assertion. Our Orlando attorney can help develop and present your case to fight the restraining order.
Violating the Terms of the Order
Depending on the circumstances, an injunction could have several different conditions you must follow.
Such terms could include:
- Leaving the home you share with the petitioner
- Remaining at least 500 feet away from where the petitioner lives, works, or attends school
- Not contacting the petitioner, either through phone, writing, or electronic means
- Surrendering your gun or ammunition
Injunction conditions could be complex, and you might unknowingly violate one of the terms. Doing so could result in a misdemeanor charge. It’s important to understand the order and refrain from communicating with the petitioner – even if they are the ones initiating the contact. Our attorney can explain the potential limitations placed on you as a result of an injunction and advise on how to avoid a violation.
Speak with the Law Offices of Jose E. Lopez, P.A. During a Free Consultation
If a judge issues a permanent injunction, you will be required to adhere to the terms for a specific amount of time. Some orders might expire on a certain date, while others may be in effect forever, which means it could impact you for the rest of your life. Our Orlando attorney will take the time to listen to your side of the story and develop a legal defense to challenge the injunction. Backed by over 11 years of experience practicing law, we know what it takes to protect your rights.
Discuss your case today by calling us at (407) 410-3173 or contacting us online.
“Will go the extra mile”- Luis Martinez
“He made me feel secure that he had my best interest at heart.”- Lisa C.
“If you want an attorney that will go the extra mile for you to get the job done right I highly recommend Attorney Jose Lopez.”- Doc M.