Ringsmuth, Day & O’Halloran, PLLC - Fort Myers Criminal Defense
Former Prosecutors

How can you defend against a domestic violence injunction?

It can be frustrating to face accusations of certain types of criminal behavior, including domestic violence. These things can have a serious effect on your life, impacting your ability to see your children, your career and much more. You probably understand how important it is protect yourself and your reputation against these types of accusations.

Florida law takes even the allegation of domestic violence seriously. It is particularly serious when you learn that another person took steps to get a domestic violence injunction against you. It can be helpful to understand what this means, how this process works and what you can do to restore your life to what it was before these accusations came against you.

When can a person get an injunction?

An injunction for domestic violence is essentially a restraining order that would keep an offending party from coming into contact with the person who filed the complaint. Typically, it prohibits personal contact, phone calls and even coming within a certain distance of the other party. A person can request an injunction in Florida by going to a county clerk's office during business hours and completing the necessary paperwork. 

A person can seek this type of restraining order if he or she claims to be a victim of violence from a family member, a person who resides in the home, a partner, an alleged stalker and others. Multiple types of circumstances may provide valid grounds for a person to seek an injunction. 

What happens if there is one against me?

If a person seeks and obtains an injunction against you, you will receive notice by getting a copy of the petition, a notice of a hearing you will have to attend and a copy of the injunction. If there is a filing of formal charges against you, you will get notice of an arraignment date in the mail. At this point, you may find it beneficial to seek legal counsel.

Defending your future 

It is necessary to defend yourself against serious accusations and fight against unfair orders that can negatively impact your life. As soon as you learn there is an injunction against you, you would be wise to take immediate action to defend yourself. You can start this process by seeking the guidance and counsel of an attorney experienced in these specific types of cases. An assessment of your case can help you see the best way forward from this point.

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