Miami Injunction Attorney

If you've been served with an injunction (also known as a "restraining order") in Miami, it's important to contact an experienced Miami injunction attorney immediately. A restraining order can be filed against someone who has allegedly committed domestic violence, dating violence, repeat violence, and/or stalked you. An experienced Miami injunctions lawyer can help you navigate the legal system and give you the best chance of obtaining a favorable result.

Type of Injunctions in Miami-Dade County

An injunction is a legal order from a court that prohibits someone from contacting another person. Florida courts may issue an injunction against a person accused of committing domestic violence, sexual violence, stalking, repeated violence, or dating violence. The judge may order a temporary injunction before the hearing on the permanent injunction, which would usually last until the date of the permanent injunction hearing. There are five types of injunctions that a petitioner can file in Miami-Dade County:

Injunction for Protection Against Domestic Violence

It is possible to file a petition for domestic violence injunction against someone who has lived with you as a member of your “family.” Family members include people to who you are related by blood or marriage; your spouse, ex‑spouse, mother, father, grandfathers, grandmothers, siblings, aunts, uncles, adoptive family members, stepparents, stepchildren, and others. Among the acts of violence that can be alleged in a petition are assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, and any other crime that results in the petitioner's or his or her family members or household members suffering physical injury or dying.

A petitioner must allege sufficient facts to prove they are a domestic violence victim or have a reasonable belief and reasonable fear that they are in imminent danger of becoming a domestic violence victim.

What can the court do if it grants the injunction?

The court may grant whatever relief it deems necessary through an injunction, including:

• Restrict the respondent from engaging in domestic violence;
• Temporarily grant the petitioner exclusive use of the home;
• Deal with issues of support and timesharing with minor children;
• Order the respondent to complete a batterer's intervention course;
• Order the respondent to surrender any firearms or weapons to the police/law enforcement.

Injunction for Protection Against Sexual Violence

To file a Petition for Protection against Sexual Violence, the following conditions must be met:

1. There is no family relationship between the petitioner and the respondent as defined under the domestic violence section
   AND
2. The respondent committed a sexual battery, lewd and lascivious acts against or in the presence of children younger than 16, lured or enticed a child, forced a child to perform a sexual act, or any forcible felony involving a sexual act.
   AND
3. The petitioner filed a report with law enforcement and is cooperating with them in investigating the criminal case.
   OR
4. A person who committed sexual violence against the petitioner will be released from prison within ninety (90) days.

Injunction for Protection Against Dating Violence

A person may petition the court for an injunction to prevent dating violence if:

1. They have dated the other person in the past six (6) months.
   AND
2. The expectation was that they would continue to have sexual intimacy with the person during this time.
   AND
3. During the relationship, they interacted frequently and continuously with the other person.

Petitioners must allege and prove that they are dating violence victims and that they are in imminent danger of becoming victims of dating violence.

Injunction for Protection Against Repeat Violence

A person may petition the court for an injunction for repeat violence if:

1. They allege the respondent committed at least two (2) incidents of physical violence, threats of violence, or stalking against them. AND
2. At least one (1) of them occurred within the last six (6) months.

Petitioners must allege and prove that they reasonably believe they are at risk of being harmed by the respondent once again. A repeat violence injunction does not require a specific type of relationship between the parties.

Injunction for Protection Against Stalking

A person may petition the court for an injunction against talking if they can allege the respondent committed acts that are considered stalking under the law. The term stalking refers to threats, harassment, cyberstalking, aggravated stalking, physical abuse, and any pattern or course of conduct directed at the petitioner, family members, or individuals close to the petitioner, consisting of a series of acts over a period, whether brief or long, that show continuity of purpose. This includes but is not limited to intentionally injuring or killing a family pet; using or threatening to use a weapon such as a gun or a knife against the petitioner; or destroying personal property, including but not limited to telephones or other communication equipment, clothing, or other items belonging to the petitioner.

Miami Injunctions Process and Procedure

Different things must be shown for each injunction, but the standard remains the same. For the court to issue the injunction, the petitioner must present competent substantial evidence that the respondent committed the acts alleged in the petition. There is no requirement, however, for the petitioner to report the acts to the police or law enforcement. It is not uncommon, however, for the respondent to also face criminal charges for the same acts. This is especially true in domestic violence injunction cases, where the respondent simultaneously faces a domestic violence charge.

Judges, not juries, decide whether an injunction should be issued. Injunction petitions that are correctly completed and comply with the standard will be granted a temporary injunction, and a final date will be set as soon as possible for a hearing on the injunction. Respondents are forbidden from contacting the petitioner while the temporary injunction is in effect, and they must follow any other orders the judge has included – such as not allowing respondents to return home or ordering them to continue to pay to support the petitioner and the petitioner's children if they have them.

Neither party must have an attorney during the final injunction hearing, but your chances of prevailing will be much higher if you have a skilled attorney defending you. Each party can present their case at the hearing by calling witnesses and presenting evidence. Your case can be significantly improved when you have an experienced Miami injunction attorney representing you. Injunction hearings are somewhat relaxed regarding evidence and court procedure, but they remain applicable. Final injunction hearings require the court to determine whether sufficient circumstances warrant an injunction's issuance.

Contact an Experienced Miami Injunction Lawyer

If an injunction has been filed against you in Miami-Dade County, you should immediately contact an experienced Miami injunction lawyer to defend you. Over the course of his legal career, David Edelstein has represented thousands of clients. As a criminal defense attorney, he understands the emotional and legal aspects of injunctions due to his experience as a Miami injunction lawyer. At your injunction hearing, you will want an experienced trial attorney to present your side of the case persuasively and effectively. It is common for people who fail to seek legal representation later to discover that they have made serious mistakes due to misunderstanding the law and how it pertains to their situation. The Edelstein firm is dedicated to protecting your interests and assisting you in resolving your matters effectively and efficiently.