Can a person lie in a petition for an injunction?

Yes, people can lie in injunctions. While injunctions are important to protect victims from legitimate violence and threats of violence, people do sometimes lie in their petitions. There are many different theories as to why people lie and a skilled defense attorney should be able to bring to light any motive or bias a petitioner may have to falsely seek an injunction.

Which county court should I file my injunction in?

You can file for an injunction in the county where you live (either temporarily or permanently), where the respondent lives, or where the violence occurred. There is no minimum residency requirement.

Can an injunction be dropped if the petitioner does not show up for the final injunction hearing?

Usually, yes. Absent exceptional circumstances, the court will usually dismiss or throw out the injunction and the respondent will be free to go.

What happens if the respondent does not show at the final injunction hearing?

If the petitioner indicates to the court that he or she still wants the injunction, the court will usually grant the petition and enter an injunction against the respondent. The court will want to see proof that the respondent was served with notice of the hearing, however.

Can a party (or parties) seek to amend or later dismiss an injunction that has been entered by a judge?

Yes. Florida law specifically allows for that. The party (or parties) must petition the court to modify or dissolve the injunction. But be warned – the injunction will NOT be considered amended or dismissed until the judge signs an order indicated such.

What can the court do to me if they enter an injunction against me?

The court has the authority to order you not to have any contact with the petitioner, to order you to attend classes (including the batterer’s intervention program), to prohibit you owning or possessing any firearms, to have supervised visitation with any children in common and any other conditions the court deems necessary to protect the petitioner.

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Sanford Injunction Lawyer

Sanford Restraining Order Attorney

Being afraid for your safety is not conducive to a happy and productive lifestyle. Having to adjust your lifestyle in order to avoid someone and keep yourself or your family safe is overwhelming and may leave you constantly stressed. If you find you are in need of protection against an individual, you may want to consider filing for a restraining order.

Also known as an injunction, the filing process is free and the end results can make the difference of a lifetime. To ensure you are completely protected and filing the right injunction for your specific set of circumstances, it is important to contact a restraining order lawyer in Sanford to help. Fighter Law offers free consultations to help ensure you are headed in the right direction and can provide any legal advice you may need.

Different Types of Restraining Orders

No matter the type of injunction, the filing process works the same. The petitioner will file for a restraining order for rapid protection against an individual who means them harm. This person is referred to as the respondent. A judge will review the request within 24 hours and an officer will serve the respondent with injunction paperwork to alert them of the filing. The different types of restraining orders you can file for in Sanford include the following:

Domestic Violence

A domestic violence injunction requires that you have either been a victim of domestic violence or stand a reasonable chance of being one in the imminent future. You will have to prove that you and the respondent are related or have been household members at some point in time. If you are not related to the respondent and have not shared a household but do share a child, you may still file a domestic violence injunction.

Repeat Violence

If you have experienced repeat attempts of violence from an individual, you may file for a repeat violence injunction. You must be able to demonstrate you have experienced at least two attempts or acts of violence or stalking at the hands of the respondent.

At least one of the attempts must have taken place within the last six months. Two attempts are defined as two actions separated by time and distance. The time between the attempts can be as little as five minutes for you to still qualify for filing.

Sexual Violence

Any non-consensual sex act conducted against you leaves you eligible to file for a sexual violence restraining order. This injunction will prohibit the respondent from being in your vicinity or conducting any more violent sex acts. Before the judge will sign the order, you must report the violent act and cooperate with any criminal proceedings.

Dating Violence

A dating violence injunction can be filed if the petitioner and respondent were in a dating relationship. The respondent must have shown signs of abuse or imminent harm. In order to identify whether a dating relationship existed, a judge will look for the following factors:

The relationship existed within the past six months
The relationship was based around the expectation of affection or sexual involvement
The relationship involved frequent and intimate interaction

Your Sanford restraining order lawyer can help identify what evidence is appropriate to demonstrate a dating relationship existed in the past.

Stalking

Florida defines stalking as “the malicious and willful following and harassing of another individual.” Stalking can happen in person or online. If you are a victim of stalking, you can file for a stalking injunction. This will prohibit the respondent from continuing to directly cause the petitioner emotional distress.

If you are worried the stalking may turn violent, you will want to talk with your restraining order attorney about filing for a fixed injunction instead of a temporary one. With a permanent injunction, the state will remove the respondent’s firearms.

Exploitation of a Vulnerable Adult

You can file an injunction on behalf of an elderly or disabled adult in order to protect them from exploitation and abuse. Eligible parties to file an injunction include:

The vulnerable adult themself
Their legal guardian
A person or organization with consent to represent the vulnerable adult
An individual who is simultaneously filing for emergency temporary guardianship over the vulnerable adult

This injunction is to help those who cannot help themselves and keep them safe from abuse.

Need Help Filing for a Restraining Order in Sanford? Our Sanford Restraining Order Attorneys Can Help

If you are currently navigating a situation where you feel like you may need an injunction, give the compassionate and board-certified restraining order attorneys at Fighter Law a call. We’re ready to listen with open ears and provide the best legal options for your case. We can even help file the restraining order for you, whether it’s a temporary or a permanent one.

Don’t let the fear continue to fester. Get a reputable and skilled attorney behind you today. To get started with a free consultation, give our Sanford office a call at (407) 344-4837 or fill out our online contact form.