Injunctions and Restraining Orders
Florida law provides for the following four types of restraining orders:
- Dating Violence Injunction,
- Domestic Violence Injunction,
- Repeat Violence Injunction, and
- Sexual Violence Injunction
An injunction (restraining order) will be issued if you can show they 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 is filed and a judge considers 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.
If the judge issues a temporary injunction, a final injunction hearing will be scheduled within fifteen (15) days of the temporary injunction having been issued. At this final hearing you will be given the opportunity to present any witnesses, photographs, or other evidence to support your claim.
You deserve to live free of fear!”-- Richard Hornsby
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.
In determining whether the injunction should be extended, the occurrence of new violence is not required. The court may consider the circumstances leading to the imposition of the original injunction, as well as subsequent events that may cause the petitioner to have continuing reasonable fear that violence is likely to recur in the future.
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.
Contact Orlando Injunction Attorney
Contact Restraining Order and Injunction Attorney Richard Hornsby if you need to obtain immediate protection from someone you are in fear of.
I am available at any time to advise you on the proper course of action to take. The initial consultation is free and I will respond promptly to provide you with the representation you deserve. No person deserves to live in fear!