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An injunction is Florida’s version of a restraining order. When someone asks a court to issue an injunction keeping you away from them, the Court will immediately grant a “temporary injunction” until there is a full hearing to determine if there should be a permanent one. Temporary injunctions are just as powerful as permanent injunctions, and violating the terms of that injunction can have serious consequences. If you are given an injunction ordering you to have no contact with someone, you may feel hurt, betrayed, angry, worried, or outraged. At this point, you have many legal options: you can consult an attorney to determine if you want to get your own injunction against that person, you can hire an attorney to represent you at the pending injunction hearing, or you can simply agree that a permanent injunction should go in place against you. The one option you absolutely do not have: contact the other person in an attempt to work it out. Emails, text messages, even comments and messages on networking sites like facebook and myspace can amount to a violation of an injunction. Over the past few years, I have seen the law adapt to our recent technological advances, and if you think that an injunction doesn’t forbid these types of contact, you’re wrong. I have seen people go to jail over simple friend requests. However, if you do find yourself in the position of having made some sort of contact despite an injunction, you need representation. There are criminal penalties associated with this type of action, including fines, probation, and even up to a year in jail. The penalties that enforce injunctions are tough, and judges typically do not look kindly upon those who, in their opinion, ignore a lawful order. The injunction process is technical and has very strict legal standards. Whether you’re seeking one against someone, trying to understand why one was issued against you, or simply trying to prevent one from being ordered, it never hurts to have an experienced attorney on your side. Visit my website at http://www.shafercriminallaw.com or call me at (904)350-9333 for a free consultation.

Sometimes people need a restraining order.

In Florida, a restraining order is commonly called an “injunction.” An injunction is simply a legal term for a court order that either forbids you from doing something or that forces you to do something. Sometimes these injunctions provide much needed protection from dangerous people, but sometimes they can be used as vindictive tools to further another person’s agenda.

For example, there have been times that I represented young women who were frightened because their ex-boyfriend or ex-husband would not leave them alone. And by this, I mean that their conduct rose to a level that normal people wouldn’t feel comfortable with, like hanging around the outside of her residence at night, uninvited, or sending threatening texts or emails.

When relationships deteriorate to this point, an injunction can be a useful way of putting needed space between two people. I have also represented people in the opposite situation. Sometimes people use injunctions to further their own agendas in divorce proceedings or custody battles. Sometimes people use injunctions for revenge. The point is that the injunction process can be abused. When that happens, you need an experienced attorney in the courtroom fighting for your interests.

Injunctions can be issued upon a showing of a credible threat to one’s person or property. All testimony in injunction hearings is under oath, meaning that a lie may result in being held in contempt of court or perjury charges. Most importantly, violating an injunction is a first degree misdemeanor that can be punished by up to a year in jail. There can be a lot at stake in these types of proceedings. Don’t face it alone. Call me at (904)350-9333 for a free consultation.

Regards,

Robert Shafer