Brevard County Injunction Lawyer

We are injunction lawyers in Brevard County and we help people get or fight against restraining orders.

Injunction and restraining order hearings in Brevard County are held in Viera at the Moore Justice Center just off of I-95 at 2825 Judge Fran Jamison Way in Viera, Florida 32940. It is an older courthouse facility, but the benefits of it are that security is not that difficult to get through and parking is not too bad, although more and more, you may have to park behind the structure on unpaved parking spaces.

In cases of domestic violence or threats, restraining orders (also known as injunctions for protection) serve as a vital legal tool to ensure the safety and well-being of individuals. This webpage provides an overview of restraining orders from an experienced Brevard County Injunction Lawyer, including the process of obtaining an injunction, types of injunctions available, and the legal protections they offer.

Obtaining a Restraining Order

To obtain a restraining order in Brevard County, Florida, an individual must file a petition with the court, specifically the Circuit Court’s Domestic Violence Division. Don’t worry – the process is free. The petitioner (the person seeking protection) must provide detailed information about the alleged abuse, threats, or harassment, as well as any supporting evidence or witnesses. The court evaluates the petition and may grant a temporary restraining order, also known as an ex parte order, if there is an immediate threat. A hearing is scheduled within a few weeks (usually 14 days, in our experience), during which both parties present their cases. If the court finds sufficient evidence of violence or the threat of violence, a final restraining order may be issued.

If the court does not issue a temporary restraining order, and it does not set the matter for a final hearing, there will not be a final hearing, and the respondent should not be notified that the petitioner ever filed a case against him or her. An experienced Brevard County Injunction Lawyer can help you fill out the paperwork properly to ensure that.

Types of Restraining Orders

In Brevard County, Florida, several types of restraining orders are available, depending on the circumstances of the case. These include:

• Domestic Violence Injunctions: These are sought by individuals who have experienced domestic violence or fear imminent harm from a family or household member.
  • These are probably the most common. You don’t even have to show that the other person hit you, because an assault is sufficient to get a final injunction for domestic violence.
• Dating Violence Injunctions: This type of injunction is applicable when the petitioner has been a victim of violence or faces the threat of violence from someone with whom they had a romantic relationship.
  • These are pretty rare, and you really need to read the statutory language on this carefully, because there are specific requirements that are needed before a hearing or final order can be issued.
• Sexual Violence Injunctions: These injunctions are sought by individuals who have experienced sexual violence or face the threat of sexual violence.
  • Keep in mind that, in order to even be considered for a sexual violence, injunction, you must have reported the incident to law enforcement, and be willing to cooperate with them, even if the case is dropped.  But if you on your own decide that you no longer want to go forward with the criminal case, that can be a defense for the respondent. If you do not cooperate in the criminal investigation, and or prosecution, you can be denied this injunction.
• Stalking Injunctions: If an individual has been subjected to a pattern of stalking behavior that causes them significant distress, they may seek a stalking injunction. There must be two separate incidents of stalking and they must be directed at the person filing for the restraining order.

Legal Protections and Consequences

Once a restraining order is granted in Brevard County, it provides legal protections to the Petitioner. These protections may include prohibiting the Respondent (the person restrained) from making contact, approaching the petitioner’s residence or workplace, or possessing firearms. Violating a restraining order is a serious offense and can lead to arrest and criminal charges against the respondent. In some cases, the court may order the respondent to attend counseling or anger management programs.

Duration and Modification

Restraining orders in Brevard County, Florida, typically have a duration of one year. However, they can be extended or modified if the petitioner can demonstrate that the circumstances warrant an extension or modification. Additionally, either party may request a hearing to modify or dissolve the restraining order if there has been a substantial change in circumstances or if the protection is no longer necessary.

Conclusion

Restraining orders in Brevard County, Florida, play a crucial role in protecting individuals from domestic violence, threats, and stalking. By understanding the process of obtaining a restraining order, the types of injunctions available, and the legal protections they offer, individuals can take steps to ensure their safety and well-being in situations of imminent danger.

In our experience, the judges in Brevard tend to be very busy with these types of cases. Therefore, even if you go to court without an attorney, it’s important, to be succinct and prepared with your presentation of the evidence. As much as the judges wants to hear from you, you have to understand if they have any cases to get through, and they only have a certain number of hours in the day. Often times, people will be cut off by the judge, and they will want to say more than they came prepared to say.

An experienced Brevard County Injunction Lawyer can make all the difference in getting what you want in an injunction case. We have successfully represented many people in restraining orders in Brevard county, and we look forward to speaking with you about your case.