Our Sarasota and Bradenton, Florida Injunction Attorneys:

The Switlyk Law Firm's attorneys are experienced in both assisting clients petition the Court for an injunction and defending clients when an injunction has been entered against them.  In either situation, time is always of the essence.  Call us to schedule a consultation with our Sarasota and Bradenton attorneys, where we can advise you on how Florida injunction law could affect your divorce or family law case.  We also provide the following resource on Florida injunction law, which should help familiarize you with some of the basic concepts.   

Injunctions and Restraining Orders, what are they and what's the Difference?

In the family law context, the terms restraining orders and injunctions essentially mean the same thing.  They are a legal order of protection against violence.  In Florida, the law only uses the term injunction.  So if you are interested in seeking a restraining order, in Florida you just use the term injunction.

Ok, So What Does an Injunction Do?

In the Family Court arena, an Injunction is meant to protect someone from foreseeable violence or harm. When someone believes that another person will likely harm them, they can apply for an injunction to try and prevent that harm. The Injunction is a Court order that usually prohibits someone from doing something. Florida Courts have wide discretion in their orders when they grant an injunction. At a minimum, any injunction  will prevent someone from going near the person that applied for the injunction. 

What Else Can a Court Order Through the Injunction Process?

If a Court enters a permanent injunction against you, it can do any number of the following:

• Prevent you from going near or communicating with the person that applied for the injunction; 
• Award the applicant exclusive use of property, regardless of who legally owns it; 
• Award the applicant temporary custody of minor children; 
• Award the applicant temporary child support of the minor children; 
• Require you to attend alcohol or drug counseling; 
• Require you to attend anger management; 
• Require you to attend a 29 week Certified Batterer's Intervention Program; 
• Require you to surrender any firearms or ammunition; and/or 
• Any other relief that the Court deems necessary to protect the applicant. 

What Types of Injunctions Exist in Florida?

In the Family Courts the three most common injunctions are:

Injunctions Against Domestic Violence

Injunctions against Domestic Violence are by far the most commonly applied for injunctions. These injunctions can be applied for if a domestic relationship exists AND the applicant has been the victim of domestic violence or there is reasonable cause to believe he or she is in imminent danger of becoming a victim.

A Domestic Relationship exists between: Spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as a family or who have previously resided together in the same home, or persons who are parents of a child in common.

The process begins by filing the petition. The rest of the process is briefly described below .

Injunctions Against Repeat Violence

If an applicant never had a domestic relationship with someone but believes an injunction is necessary to protect them from harm, they may be able to apply for an injunction against repeat violence.

To be eligible for relief under Florida's repeat violence laws, the applicant must show that they are the victim of repeat violence. This usually means at least two incidents of violence or stalking.

Injunctions Against Dating Violence

A victim of dating violence or the parent or legal guardian of a minor child living at home who is the victim of dating violence can apply for an injunction against dating violence. Dating violence is violence between individuals who have or had a continuing and significant relationship of a romantic or intimate nature.

The Injunction Process:

 The injunction process begins when someone files a petition with the Courts. Standard Petitions can be found at the Florida Supreme Court Website or obtained from the Clerk of Court.

After the petition is filed, it immediately goes to a Judge. The Judge reviews the allegations and decides whether to grant a temporary injunction or deny such immediate relief. If a temporary injunction is granted, it goes into effect immediately. The Court then schedules a hearing within 15-days. At that hearing, the Court will determine if a permanent injunction should be granted or denied.

Even if the Judge initially denied the temporary injunction, a hearing is still scheduled on the matter. At that hearing, the Court determines whether a permanent injunction should be granted or denied.

If the Court grants the permanent injunction it can remain in effect forever.