Restraining Orders & Injunctions in Miami
Also Serving Fort Lauderdale
Restraining orders and injunctions may arise out of a variety of situations, some of which include instances of domestic violence, harassment, and copyright infringement. These court issues orders are intended to protect the holder from continued harm or danger at the hands of the previous offender.
If you had a restraining order or injunction placed against you by the court, you need to know your rights regarding such an order. While it is not required, having the help of an attorney is vitally important in dealing with restraining orders and injunctions. At The Hoffman Firm, our Miami restraining orders and injunctions lawyer can help.
Restraining Orders & Injunctions Explained
A restraining order is an official command issued to an individual by a court ordering the individual to refrain from certain activity. 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
- 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 traditional test.
Limited in their duration and effect, restraining orders are distinguished from the most 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
Penalties for Violating Restraining Orders & Injunctions
There are various ways that an individual may be found in violation of a restraining order or injunction.
Coming in close contact with the order holder, committing an act of domestic violence against the holder destroying the holder’s property, and communicating with the holder via telephone or another form of electronic communication are all common ways that orders are violated.
Violating a restraining order or injunction may be punishable by as a first degree misdemeanor punishable by a maximum of $1,000 in fines and 1 year in jail. However, the severity of a violation will vary based on the offender’s history, the act constituting a violation, and a list of other relevant factors.
More Information on Restraining Orders & Injunctions
Domestic Violence | Broward County Clerk of Courts — Visit this section of the Broward County Clerk of Courts website to learn more about filing a petition for an injunction for protection. You can find a "forms pack" for each one of the five types of restraining orders available in Florida. The website also has answers to frequently asked questions.
Broward County Clerk of Courts
201 SE 6th St.
Fort Lauderdale, FL 33301
Restraining Orders | Broward County Sheriff's Office — On this section of the Broward County Sheriff's Office website, you can learn more about injunctions for protection. Find information about additional steps to take after filing a petition. You can also learn what to do if a respondent violates the terms of an injunction.
Broward's Sheriff's Office
2601 West Broward Blvd.
Fort Lauderdale, FL 33312
(954) 764-HELP (4357)
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