Injunctions are judicial orders that restrain a person from beginning or continuing an action that threatens or invades another person. Commonly known as a restraining order, these warnings can be put in place when a person petitions the court to prevent an individual from having any contact with them.
Victims must show evidence during an injunction hearing proving their claims for the order to be implemented. However, circumstances are liable to change over time and can render an injunction unnecessary. If you are looking to dismiss an injunction that has already been ordered, a criminal defense lawyer may be able to help you have the order appealed, vacated, or modified.
What Types of Injunctions Can Be Ordered in Florida?
An injunction makes it illegal for an alleged abuser to call, visit, or be within a set distance of the accuser. In Florida, there are five different types of protective injunctions available. They can be granted to anyone who accuses another person of:
- Stalking, including cyberstalking: This injunction requires at least two instances of stalking.
- Domestic violence: For this injunction, the petitioner and respondent must be family or household members that live together unless they have a child together.
- Sexual violence: Includes sexual battery, a lewd or lascivious act upon or in the presence of a person younger than 16, luring or enticing a child, and sexual performance by a child.
- Repeat violence: This injunction requires at least two instances of violence or stalking by the respondent within the past six months.
- Dating violence: Filing for this injunction requires a noncausal, affectionate relationship within the past six months. The petitioner must also show that they believe they will become a victim of their violence again or for the first time.
With our public record laws, injunctions are visible to anyone. This means that even after its expiration, the accusations detailed in the order can impact the respondent’s social, professional, and personal lives.
How Can You Challenge a Restraining Order in Florida?
Over time, tumultuous relationships have the potential to change. People can move away or go through therapy, those addicted to drugs can get treatment, and relationships can heal. If this is the case for you, dismissal of the injunction order may be an option.
To attempt a dismissal of an injunction against you, your attorney will need to provide evidence to the court that demonstrates why the accuser is no longer in danger of you. In other words, proof of a substantial change in the previous circumstances will need to be provided to the judge, as they will determine whether to have an injunction modified or removed entirely.
Get Help Dismissing an Injunction with a Highly Qualified Florida Defense Attorney
An injunction can have long-term consequences for the respondent. If someone is filing an injunction against you or if you are looking for help dismissing an injunction that has already been put in place, The Law Office of Gabriel & Gabriel may be able to help. Brian Gabriel, a highly qualified injunction attorney, can help you defend your case or petition the court to modify an existing restraining order.
With attorney Brian Gabriel on your side, you can ensure that your rights are protected to the highest degree possible. Reach out to our Palm Beach County office and schedule a free evaluation of your injunction case by calling (561) 622-5575 or completing our contact form today.