Criminal Law Office Explains What’s an Injunction?
The definition of an injunction is an order issued by the court telling someone can’t do something. Injunctions can take many forms but they are often associated with domestic violence cases.
Injunction Sounds Like a Restraining Order, What’s the Difference?
Injunctions and restraining orders mean the same thing in Florida. Legally, injunction is the appropriate name but many people, even attorneys, often use the terms interchangeably.
An Injunction was Filed Against Me or Someone I Know, What Does this Mean?
Simply put, you can’t have contact with a certain person or people. To avoid being arrested, you need to refrain from all interaction with said person or persons. This also includes third party contact. For example, requesting a person to contact the individual who has filed the injunction against you. Injunctions typically require a hearing, at which time the respondent can plead their side of the case. From there, the judge determines whether the injunction stands or is lifted.
How long does an injunction charge last?
The duration of an injunction charge is determined by the judge. Typically, injunctions last for a year in domestic cases. The injunction is subject to renewal or extension at the discretion of the person seeking it.
How long does it take to file an injunction?
Temporary injunctions can be filed and granted on the same day if there is apparent immediate risk to the victim’s life or well-being. A hearing is held at a later date to give the respondent an opportunity to share their version of the events.
On average, it takes one to two weeks to apply and grant an injunction.
What if the respondent violates an injunction?
If a violation takes place, the petitioner can contact the police and seek to have the respondent arrested. What happens after an arrest is dependent upon many factors. Violation of an injunction is a misdemeanor in Florida.
Have More Questions?
Our criminal law office in Jacksonville, FL is available 24/7 to assist our clients. At Dale Carson Law, we offer free consultations to learn more about each case and provide expert guidance on how to deal with charges. Contact us anytime via our website or by calling 904-355-6777.