Injunction Hearings

Injunction / Restraining Order Criminal Defense Attorney in Titusville, Cocoa, Palm Bay and Melbourne, Brevard County Florida

What is an Injunction / Restraining Order?

Injunctions, commonly known as “restraining orders,” are court orders of protection against violence. The petitioner is the person seeking the injunction, while the respondent is the person accused of committing acts of Domestic Violence, Dating Violence, Repeat Violence or Sexual Violence. In addition, injunctions can be issued for stalking or harassment. Injunctions will have serious consequences, if violated, placing the respondent in the criminal justice system.

The Injunction Process

The injunction process begins when the petitioner files a request for an injunction with the clerk of court. A judge will then review the petition to determine if there is sufficient evidence alleged to require a hearing. The judge may do the following: issue a temporary injunction requiring a hearing; not issue a temporary injunction but require a hearing; or, deny the petition. For a petitioner’s temporary injunction to be granted, the judge needs to find evidence of either domestic violence, dating violence, repeat violence, or sexual violence. At this point, the respondent is not given the opportunity to respond to the allegations.

If sufficient facts exist, the court will set a final hearing to determine whether a permanent injunction will be issued. The time frame under which the hearing for the final injunction is to be heard is 15 days from the date of the temporary injunction. At the final hearing, the respondent, is given the opportunity to present evidence, through testimony, pictures, video or witnesses, to support your position.

Respondents often believe they do not need an attorney; however, most citizens are not familiar with the Florida Rules of Civil Procedure and the Florida Rules of Evidence. If objections are not properly preserved, there will be no grounds for an appeal.

Injunctions May be Granted for Life

Generally, there is no, set “time limit” for a permanent injunction. According to Florida Statutes, the terms of the injunction shall remain in full force and effect until modified or dissolved. Either party may move at any time to modify or dissolve the injunction.

Consequences of an Injunction

Injunctions are part of the public record’s system and are available by searching your name in the County Clerk’s website. Employers routinely search these records. The presence of an injunction on your record can be the determining factor for whether you receive or keep a job.

Injunctions may affect divorce proceedings, custody disputes, and hearings for alimony or child support. In custody disputes, especially, an injunction may be a factor as to who will be the primary care-giver for your child.

An injunction may affect your reputation in the community and at work. Another serious consequence is the potential loss of second amendment rights. If an injunction is entered, the respondent must surrender any and all firearms to local law enforcement and give up the right to carry firearms. The restrictions on firearms could last as long as the injunction is in effect.

Domestic Violence Injunction Lawyers in Brevard County, FL

Our attorneys, Kevin Mawn and Brian Onek, have successfully represented clients in civil injunction hearings. The attorneys of Onek & Mawn, PA will craft a strong defense. We are experienced trial attorneys and skilled cross-examiners capable of exposing weaknesses and inconsistencies in testimony.

If you, your friends or family members are arrested for Domestic Violence, Aggravated Stalking, Stalking, Violation of an Injunction, regardless of whether the alleged crime occurred in Melbourne, Viera, Palm Bay, Cocoa, Cocoa Beach, Merritt Island, Titusville, Rockledge, Cape Canaveral, Satellite Beach, Indian Harbour Beach, West Melbourne, Melbourne Village, Melbourne Beach, Indialantic, Palm Shores, Port St. John, Grant-Valkaria, Scottsmoor, Mims, or anywhere in Brevard County, please contact the criminal defense attorneys of Onek & Mawn, PA to schedule your free initial consultation. We will travel to Orlando, Daytona Beach, Tampa, Miami or neighboring Volusia County, Seminole County, Orange County, Osceola County and Indian River County to defend your rights. Contact us today to discuss your case and begin your defense of the accusation of domestic violence. We are available 24 hours a day 7 days a weeks. Credit cards are accepted.

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