What is an Injunction?

In Florida, an injunction is an order from a Court telling someone to stop doing something.  In the context of preventing violence there are injunctions for protection. (Other states may use different terminology such as examples include “restraining order”, “civil protection order” etc….).  Florida has five types of injunctions for protection:

  • Injunction for Protection Against Domestic Violence

  • Injunction for Protection Against Dating Violence

  • Injunction for Protection Against Stalking

  • Injunction for Protection Against Sexual Violence

  • Injunction for Protection Against Repeat Violence

Each of these kinds of injunctions require different factual allegations.

Injunctions can limit contact, limit where the Respondent (responding party) can go.  They can also require the respondent to undergo evaluations, attend classes, surrender firearms, vacate a residence and may address contact with children in common and forms of support.

There is no cost to file an injunction.

There is no right to a court appointed attorney in injunction proceedings.

 

Are Injunctions different than Criminal Cases?

  • Yes

Criminal Cases involve the State of Florida and the Person committing the crime.  Injunctions however are civil and are between the victim and the person committing the crime.

It is important to remember that violating an injunction can be a criminal act and may result in criminal charges.

The burden of proof is different.  Criminal cases have a higher burden of proof than civil cases.

Both cases may have a “no contact” with the victim provision.

If you have recently moved from out of state and you have an injunction, it is important that you get a copy of your injunction to the sheriffs office near you.