Understanding Restraining Orders and Injunctions
Have you had a restraining order or injunction placed against you, or been threaten with them? If so, then there are some things you need to understand.
What are Restraining Orders and Injunctions? What’s the difference between the two?
A restraining order is an official command issued to an individual by a court which orders the individual to refrain from certain activity which can include the total avoidance of contact with certain person(s.) Restraining orders are sought by plaintiffs in a variety of instances for the same reason: the plaintiff wishes to prevent the defendant from doing something that he or she has threatened. Restraining orders are used in a variety of contexts, including employment disputes, copyright infringement, and cases of harassment, domestic abuse, and stalking. All restraining orders begin with an application to the court, which decides the merits of the request by using a standard test.
Limited in their duration and effect, “restraining orders” are distinguished from the more lasting form of court intervention called an “Injunction.” Generally, restraining orders are sought as a form of immediate relief while a plaintiff pursues a permanent injunction. The vast majority of restraining orders and injunctions are issued because of domestic violence. Restraining orders and injunctions issued in the state of Florida are enforceable nationwide.
There are four basic types of restraining orders and injunctions that the state of Florida issues:
- Dating Violence Restraining Order/Injunction
- Domestic Violence Restraining Order/Injunction
- Repeat Violence Restraining Order/Injunction
- Sexual Violence Restraining Order/Injunction
The issuance of restraining orders and injunctions is something that by nature is very arbitrary and usually depends on the discretion of the presiding judge. Having them issued against you can have very serious and even long terms implications for you. That is why it is critically important to have the best possible legal defense. A lot of difference can be made in simply presenting yourself and your case in the right manner.
You have the right to an appeal hearing, and with proper legal assistance it is possible to have a restraining order or injunction revoked.
In some cases an out of court agreement can be reached between the involved parties which can result in the avoidance of a restraining order or injunction being issued. For instance, in the case of a co-worker who has petitioned for a restraint against you due to perceived harassment, it may be possible for your attorney to work with their attorney as well as your employer to have one or both of you reassigned to different departments or locations within the company so that you will not be working together any longer, which means having to loose your job due to a court ordered restraint.
It’s hard to overstate the importance of having the right attorney in cases of restraining orders and injunctions. Evan Hoffman has lots of experience in dealing with such cases and he can help make sure that you utilize every possible legal avenue for your defense. Give him a call today and see he can if help.
Call now (305) 249-0090 for a free consultation or contact us online.
Evan A. Hoffman
Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.Read More
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