Restraining Orders and Injunctions
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.
Have you had a restraining order or injunction placed against you by the court? If so, then 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.
South Florida criminal defense attorney Evan A. Hoffman has experience dealing with restraining orders and injunctions, and he can ensure that your rights under the law are protected.
If you have had a restraining order or injunction issued against you, you may be in danger of violation if you are unaware of the scope of the order. You need a defense attorney to explain this order to you to ensure that you know your rights and avoid violation of this order.
Call The Hoffman Firm at (305) 249-0090 to schedule a free consultation with a knowledgeable attorney who can discuss your options with you. This firm welcomes clients from North Miami, Miami-Dade County, and surrounding regions.
- Explaining restraining orders and injunctions
- Penalties for violating a restraining order or injunction
- More information on restraining orders and injunctions
Restraining Orders and 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, 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 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 and 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/one 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 and Injunctions
FCADV- Search this organization’s site for local center services for victims of domestic violence.
Women’s Resource Center- This organization offers information on domestic violence shelters for victims of domestic violence.
Restraining Orders and Injunctions can have very serious implications for you. If you have had one issued against you, you do have the right to an appeal hearing, and with proper legal assistance, it is possible to have it revoked.
This is why it is so important to seek the services of a Miami criminal defense attorney like Evan Hoffman who can walk you through the entire process. Give The Hoffman Firm a call today at (305) 249-0090 and they will schedule you for a free consultation. They are standing by to help. This firm accepts clients from North Miami, Ft. Lauderdale, and neighboring counties.