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Injunctions

It’s common to hear victims on television demanding a restraining order, as though that will solve all their problems. Unfortunately, such protective orders are rarely so simple. If you’ve been served an injunction, or suspect you may be served an injunction, Hanlon Law can help you understand your rights. 


What is an Injunction?


Injunctions, also called protective orders (and more commonly referred to by the average person as a restraining order), are essentially documents ordered by the court that specify certain behavioral requirements and restrictions. They are most often sought by victims of domestic violence, stalking, cyber stalking, sexual violence, and other repeat violence. The parent or legal guardian of a minor may also seek an injunction on their charge’s behalf if that charge is under the age of 18. 


The requirements for obtaining an injunction vary depending on what crime specifically has been committed against the person seeking the injunction (called the petitioner). Typically, however, the petitioner will have to show some kind of evidence that they have in fact been subjected to violence, stalking, etc, such as witness statements and prior police reports.


What Happens if an Injunction is Granted? 


Generally speaking, an injunction cannot be granted without an injunction hearing. At this court meeting, both the petitioner and the petitioned (the person the injunction is against) will have a chance to make their case. However, depending on the circumstances of the case and severity or immediacy of the perceived danger the petitioner is in, a judge may grant an ex parte injunction. 


Ex parte injunctions are temporary orders, valid for only 15 days from the date the injunction is served (when the injunction has been physically presented to the person it’s against). These kinds of injunctions are most often used as a way to protect the petitioner until such time as an injunction hearing can be held, where the petitioner will seek to obtain a full injunction. 


The behavioral restrictions and requirements of an injunction will, again, depend heavily on the circumstances of the case. However, common points include: 


  • Prohibition of contacting the petitioner (electronically, in person, and sometimes even via third parties)
  • Scheduled, alternating use of shared living spaces
  • Prohibition of visiting certain locations (such as the school a shared child attends, the petitioner’s place of employment, etc)
  • Mandatory counseling or rehabilitation courses (anger management, domestic violence, etc)


What Happens if You Violate an Injunction? 


Violating an injunction is, generally speaking, charged as a first-degree misdemeanor. The resulting sentence can include up to $1,000 in fines and up to 1 year in jail. 


However, certain aggravating factors may increase that sentencing. Multiple violations, violations involving the use of a firearm, etc., may be grounds for upping the charge to a third-degree felony, which is punishable by up to $5,000 in fines and up to 5 years in prison.


Kissimmee Criminal Defense Lawyers 


It’s easy to dismiss a restraining order as a silly, dramatic measure. But injunctions are genuine court orders with serious repercussions if violated. If you’ve been served an injunction, or suspect you may be served an injunction, it’s important to know your rights. At Hanlon Law, our legal team is ready to help you understand the injunction against you, advocate on your behalf at your injunction hearing, and do everything in our power to fight for you. Contact Hanlon Law today to schedule a free consultation.

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