Temporary Injunction for Protection
If you were served with a temporary injunction for protection against domestic violence, repeat violence, dating violence or sexual violence, then contact an experienced attorney at Pumphrey Law in Tallahassee, FL.
Our attorneys are experienced in representing the respondent at a hearing for an injunction for protection (often called a “restraining order”). Under Florida law, an injunction is a court order that directs a person not to have any contact with another person.
What is a Temporary Injunction for Protection?
Under Florida law, an injunction is a court order that directs a person not to have any contact with another person. In many of these cases, the allegations contained in the petition are false or exaggerated. An attorney can represent you at the hearing and show reasons why the court should dismiss the action and not grant the injunction.
Injunction for Protection from Domestic Violence
A petition for injunction can involve allegations of domestic violence. The petition for injunction is available if the petitioner and respondent:
- presently reside together;
- have lived together in the past as a family or in an intimate relationship;
- are related by blood or marriage;
- have a child together (even if they never lived together).
Injunction for Protection from Repeat Violence
A petition for injunction can involve allegations of repeat violence (when the parties are not related by blood, marriage, living arrangements, or having a child in common). A petition for a temporary or final injunction for protection against repeat violence, the action is available if the petitioner alleges to be a victim of the following offenses at least twice within the last 6 months:
- assault; or
Injunction for Protection from Dating Violence
An injunction for protection against dating violence can be filed if the petitioner and respondent have, or have had, a continuing and significant relationship of a romantic or significant nature, which is determined based on consideration of the following factors:
- the dating relationship existed within the last 6 months;
- the nature of the relationship is characterized by the expectation of affection or sexual involvement between the parties; and
- the frequency and type of interaction must be based on the parties involvement over time and on a continuous basis during the course of the relationship.
Injunction for Protection from Sexual Violence
An injunction for protection against sexual violence can be filed if:
- the petitioner has reported the sexual violence to a law enforcement agency and is cooperating in any criminal proceeding against the respondent; and
- the respondent who committed the sexual violence was sentenced to a term of imprisonment in state prison, and the term of imprisonment has expired or is due to expire within 90 days following the date the petition is filed.
Injunctions for Protection Filed in Leon County, FL
A petition for an injunction is filed with the Family Law Division of the Clerk's Office, Suite 100, Leon County Courthouse.
After the forms are completed, the Family Law Division in Leon County will file the petition and take the file to the judge for review. If the judge finds sufficient grounds alleged in the petition, then a Temporary Injunction and Notice of Hearing will be entered.
During weekends and holidays, a person seeking an injunction for protection can obtain assistance at the Leon County Jail, located on Appleyard Drive, at 8:00 a.m., where a deputy clerk will be present.
Preparing for the Return Hearing on the Petition for an Injunction
If the judge grants the injunction or schedules a return hearing, then the respondent must be personally served with a copy of the Petition, Notice of Hearing, and the Temporary Injunction.
The petitioner must attend the hearing or the injunction will be dismissed. If the respondent fails to appear, then the injunction can be granted in his absence and then served on him. Any injunction granted by the Court will remain in effect until modified or dissolved by the judge.
A copy of any injunction for protection against domestic violence, repeat violence, dating violence or sexual violence will be placed on file with local law enforcement agencies in Tallahassee and Leon County.
The Refuge House - This local domestic violence shelter in Tallahassee, FL, has a volunteer office in the Courthouse in Leon County that helps petitioners file for an injunction. Volunteers with the Refuge House assist petitioners in completing forms, providing counseling, and obtaining emergency shelter.
Florida’s Domestic Violence BenchBook - Last updated in September 2014, the Florida Domestic Violence Benchbook gives advice, opinions, findings, conclusions and recommendations to judges throughout the State of Florida on how to resolve injunctions for protections and deal with other issued related to domestic violence. The bench book was authored by the Office of the State Courts Administrators.
Finding an Attorney for Temporary Injunctions in Tallahassee, FL
If you were served with a petition for a temporary injunction or order of protection, then contact an experienced domestic violence attorney in Tallahassee at Pumphrey Law. We represent respondents throughout Leon County and the surrounding county who wish to contest the allegations in the petition. We fight to get the action dismissed.
We fight to get the action dismissed. These cases require the attorney to be thoroughly prepared for the hearing. The attorney can often take depositions, subpoena witnesses and documents, and present other evidence to show the allegations are false or exaggerated.
Call us at (850) 681-7777 today to discuss your case. We can begin your defense today.
This article was last updated on Friday, August 12, 2016.
Attorney Don Pumphrey Jr. is a former prosecutor, former law enforcement officer, and a successful and experienced criminal defense attorney.