Miami Injunction Defense Attorney
When one person seeks a court order to keep another person away from them, it is most commonly known as a “restraining order.” However, in Florida, this is technically called an “injunction for protection.” Someone can request an injunction from the courts if they claim they are in imminent danger of harm from domestic violence or if they already have been the victim of domestic violence. While injunctions are an important legal protection if someone is in harm’s way, many people can falsely accuse others of domestic violence or threats to obtain an injunction for a variety of reasons. If someone has wrongfully requested an injunction against you, your first step should be to seek assistance from a highly experienced Miami injunction defense attorney who knows how to effectively defend against such injunctions.
The Effects of an Injunction
When another person files a petition for an injunction against you and alleges that you pose a threat to them, the court will generally immediately grant an emergency order that you will be served with. The papers you receive will outline any restrictions, which commonly include:
- Not returning to a home you share with the petitioner;
- Not contacting or coming near the petitioner;
- Not contacting or coming near any children you have with the petitioner.
While this initial order is temporary, it can be ordered without the court asking for your side of the story. There will be a court hearing scheduled but in the meantime, you may have to find a new place to stay and will not be able to see your children until the court rules on a custody arrangement. It is important that comply with the temporary order, however, as violating the order could be used against you in later court proceedings.
At the scheduled court hearing, if the petitioner is still pursuing the injunction for protection, you will need to provide evidence in your defense. It is essential to have an experienced attorney representing you in court who understands how to fight against an injunction, as the following may be true about an injunction that is successful:
- It will be public record and cannot be expunged from your record;
- May prevent you from having custody rights;
- May require you to pay child support;
- Will restrict where you can go in relation to the petitioner and your children;
- May require you to permanently leave your home;
- Prevents you from owning a gun;
- May require evaluations and/or rehabilitative programs.
Call for Help From Our Miami Injunction Defense Attorneys As Soon As Possible
Having an active injunction against you can affect your life in many different ways and can be costly if you have to find a new place to live or take other court-ordered actions. At the law office of Jeffrey S. Weiner, P.A., our Miami injunction defense attorneys can help with both parts of your case – fighting the injunction and defending against any criminal charges. We will stand up for your rights, so please call today at 305-670-9919 for help.