Tampa Divorce Lawyer | Injunctions in Florida
By: Denmon & Denmon Trial Lawyers | Posted: 31st May 2011
If you have been served with a domestic violence injunction or repeat violence injunction , questions may arise. That you may need answers for such as :
What is an Injunction, really?
There is a hearing; Do I need to go?
Should I retain an Attorney?
WHAT IS AN INJUNCTION, REALLY?
An injunction is a court order that either restrains you from committing a certain action or compels you to do a certain action. An injunction for protection violence in Florida is no different than a restraining order. Ultimatley, Domestic Violence Injunction or a Repeat Violence Injunction is a court order inhibiting your movement in that you cannot have contact with the Petitioner. Sometimes, the injunction will also prohibit you from going near the petitioner’s place of work, home, or even their automobile.
The court in Hillsborough County, Florida, also has the power to require you to take anger management classes or domestic violence classes if it chooses to do so. These classes are not cheap, and can quickly add up in cost if the court orders you to take the full amount of 26 domestic violence classes.
THERE IS A HEARING; DO I NEED TO GO?
The temporary injunction is just that: a temporary restriction on your movements unless and until the court finds a permanent one is needed. This takes place at the last and final hearing mentioned in your documents. This will be the place for you to tell the court your side of the story, either through your testimony, proper testimony, and evidence presented, and other witnesses if needed.
If you skip the hearing, and the court will grant the petition for injunction, and your movement will be restrained in accordance with whatever is in the temporary injunction. The Court can grant the injunction for a matter of years, or just for an indefinite period of time.
DO I NEED A TAMPA ATTORNEY?
Go to the hearing, and the courtroom rules are in effect, just like on TV. The rules of evidence, discovery, and of civil procedure apply. Knowing that the courtroom rules are in effect, a respondent should at least consult with a Tampa, Florida injunction attorney to discuss the case and the possibility or retaining the Tampa Lawyer. The Attorney may be able to help keep you from having an injunction put in place. Consider that an injunction could possibly:
1. Limit where you are allowed to go
2. Lead top criminal charges punishable by one year in the county jail if you violate the injunction
3. Hurt you standing in a pending child custody case or other family law matter
4. Cost you time and money in classes and fees
Remember, if you are served with a domestic injunction, do not violate the terms and conditions. Then you are facing criminal prosecution, and could go to jail. To contest the injunction, you must show up at the hearing, or else the court will grant the injunction.
If you are in Tampa Florida and need a Tampa Injunction Attorney, then contact Denmon Law at 813-554-3232 or visit us on the web at Tampa Attorney.
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Tags: period of time, restriction, anger management, petitioner, petition, restraining order, automobile, testimony, permanent one, courtroom, indefinite period