Fighting Unfair Injunctions and Protecting Your Rights Under Florida Law
In Florida, injunctions—commonly referred to as restraining orders—can have serious consequences. If someone has filed an injunction against you, it can affect your freedom, reputation, and future opportunities. These court orders can limit where you can go, restrict who you can contact, and in some cases, even impact your ability to own firearms. Fortunately, injunctions are not always permanent, and there are legal options to get them dismissed.
If you’ve been served with an injunction, it’s important to act quickly. A strong legal defense can help you challenge the claims, present evidence in your favor, and request that the court dismiss the injunction. Let’s go through what an injunction is, the legal basis for challenging one, and the steps involved in getting it dismissed.
What Is an Injunction Under Florida Law?
An injunction is a court order that legally requires a person to stay away from someone who claims to be in danger. Florida law recognizes several types of injunctions, each designed for different situations. These are outlined in Florida Statutes Chapter 741 and Chapter 784.
Types of Injunctions in Florida
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Domestic Violence Injunction (Florida Statutes § 741.30)
- Filed when the petitioner claims to be a victim of domestic violence or fears future violence from a spouse, partner, or family member.
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Dating Violence Injunction (Florida Statutes § 784.046)
- Filed when there is an allegation of violence or threats in a romantic or intimate relationship.
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Repeat Violence Injunction (Florida Statutes § 784.046)
- Requires proof of at least two incidents of violence or stalking by the respondent against the petitioner.
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Sexual Violence Injunction (Florida Statutes § 784.046)
- Can be filed if the petitioner claims to have been a victim of sexual violence, even if no criminal charges were filed.
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Stalking Injunction (Florida Statutes § 784.0485)
- Filed when someone claims they are being followed, harassed, or cyberstalked.
Once an injunction is granted, violating it can lead to criminal charges, including arrest and jail time. That’s why getting an injunction dismissed as soon as possible is critical.
How an Injunction Can Affect You
If an injunction is filed against you, it can impact several aspects of your life, including:
- Loss of Firearm Rights: Under Florida Statutes § 790.233, anyone subject to an injunction for domestic violence, stalking, or other similar charges cannot possess firearms or ammunition.
- Public Record: Injunctions are often public, which means they can appear in background checks and affect employment.
- Restricted Movement: An injunction can prohibit you from going to certain locations, even if they are places you normally visit, such as your home or workplace.
- Potential Criminal Charges: If you violate the terms of the injunction, even by accident, you could face a first-degree misdemeanor under Florida Statutes § 741.31.
These consequences make it crucial to challenge the injunction if it is based on false allegations or if the petitioner no longer wishes to keep the order in place.
Grounds for Dismissing an Injunction in Florida
There are several ways to request a dismissal of an injunction, but the court will not automatically remove it just because you want it gone. You must prove that the injunction is no longer necessary or was improperly issued in the first place.
1. The Injunction Was Based on False Allegations
Some injunctions are filed based on exaggerated or false claims. If there is no credible evidence of violence, stalking, or harassment, the court may dismiss the injunction.
2. The Petitioner No Longer Wants the Injunction
The person who requested the injunction can ask the court to dismiss it. While the court does not have to grant the request, a judge will often consider the petitioner’s wishes, especially if they acknowledge that the injunction is no longer needed.
3. Lack of Evidence
If the petitioner cannot provide solid evidence that they were in danger, the injunction may not hold up. During a hearing, we can present arguments showing that there is no reasonable basis for the order.
4. Time Has Passed Without Any Issues
If significant time has passed and there have been no further accusations, you can request the court to remove the injunction. The longer the petitioner has had no reason to keep it in place, the stronger your case for dismissal.
5. Violation of Due Process
If you were not properly notified of the injunction hearing or were unable to present evidence, you might be able to get the injunction dismissed on procedural grounds.
Steps to Request an Injunction Dismissal in Florida
If you want to remove an injunction, the process involves filing a motion with the court and attending a hearing where a judge will decide whether to lift the order.
Step 1: File a Motion to Dismiss
To begin the process, we must file a Motion to Dissolve Injunction in the court that issued the original order. This document must outline the reasons why the injunction should be dismissed.
Step 2: Prepare for the Hearing
Once the motion is filed, the court will schedule a hearing. At this hearing, we can present:
- Witness testimony
- Evidence that disproves the allegations
- Documentation showing no further incidents occurred
Step 3: Argue Your Case in Court
During the hearing, we will challenge the need for the injunction. If the judge is convinced that there is no longer a reason for the order, they will dismiss it.
Step 4: Obtain a Court Order Removing the Injunction
If the judge grants the motion, the court will issue an order dismissing the injunction. This means it is no longer legally enforceable.
Why You Should Fight an Unfair Injunction
An injunction can cause long-term consequences. Even if you are not facing criminal charges, having a restraining order against you can impact your life in several ways. Getting an injunction dismissed is not always easy, but it is possible with the right legal strategy.
If an injunction has been filed against you unfairly, we can take action to challenge it and clear your name.
Florida Injuction (Restraining Order) FAQs
What are the legal grounds for dismissing an injunction in Florida?
An injunction can be dismissed if it was based on false allegations, lacks evidence, is no longer needed, or was issued without proper due process. A judge will determine if the order still serves a legitimate purpose.
Can the person who filed the injunction have it dismissed?
Yes, the petitioner can file a motion to dissolve the injunction. However, the court has the final say on whether to grant the request.
How long does an injunction stay in place in Florida?
It depends on the type of injunction. Some are temporary and require a hearing for an extension, while others are permanent until the respondent files a motion to have them dismissed.
Does an injunction appear on background checks?
Yes, injunctions are often part of public records and can appear in background checks, which can impact employment and housing opportunities.
Can an injunction be dismissed if I prove the allegations were false?
Yes. If we can show that the accusations were exaggerated or untrue, the court may dismiss the injunction.
What happens if I violate an injunction before it is dismissed?
Violating an injunction can result in a first-degree misdemeanor charge, which may lead to jail time and fines.
Do I need a lawyer to file a motion to dismiss an injunction?
While you are not required to have a lawyer, having legal representation increases your chances of successfully getting the injunction dismissed.
How long does it take to get an injunction dismissed?
The timeline depends on the court’s schedule, but hearings are usually set within a few weeks after filing the motion.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.