Injunctions can be beaten (or defended) in many ways. “Beating” an injunction means that no final order of injunction is ordered against you. A temporary injunction is not nearly as bad as a final one. And the temporary injunction does not create a “record” against you because no judge formally “adjudicates” you of anything in a temporary injunction.
These are the most common ways you can beat an injunction:
1. Petitioner voluntarily dismisses it.
2. Petitioner does not show up to the final injunction hearing.
3. Petitioner agrees to keep the injunction temporary.
4. Fighting the injunction in court (this one is the hardest and most expensive option).
Many times, we go to court with our clients and we are able to reach a resolution that is acceptable to the petitioner. In other words, we convince the petitioner to voluntarily dismiss the injunction against you.
A second way of beating an injunction in Florida is when the petitioner does not show up for the hearing – or they have a change of heart and just leave. Sometimes, when the petitioner knows they are making up the allegations and they see that we are going to court prepared with evidence and witnesses, they just leave – because they know the truth is going to come out and they are going to lose.
A third way of beating your injunction is when the petitioner agrees not to seek a final injunction against you. Instead they agree to extend the temporary injunction that is already in place for a period of time,. If there are no violations of the injunction during that time frame, the parties agree to dismiss the injunction. Remember, the main goal is to prevent a final injunction on your record. The temporary one does not matter nearly as much.
Finally, you can beat the injunction by going to trial with an experienced trial attorney. An attorney can defend and beat the case in many ways. You can take depositions of any potential witnesses. You can call witnesses to present evidence. You can call expert witnesses. You can file motions with the court. You can threaten sanctions against the other party (if their claims or defenses are not based on evidence or made in bad faith). You can file interrogatories. You can take the case to trial and beat the injunction on legal technicalities. For example, if the petitioner fails to provide evidence of one of the required elements, the injunction should be dismissed.
