Injunction / Restraining Order
Are you being served a subpoena, in Palm Beach County, Florida for a Temporary Injunction or Retaining Order for Domestic Violence? We are Injunction and Restraining Order Attorneys located in West Palm Beach. When you are subpoenaed for a Domestic Violence Injunction or Retraining Order you want a lawyer that understands and practices in this area of law. Don’t hire a lawyer that dabbles in the art of criminal defense, hire a criminal defense attorney that has extensive experience in Injunctions and Restraining Order cases. Your attorney needs to have knowledge and experience but also needs to know the process. Judges are conservative when deciding on whether to grant or deny a request for a retaining order or injunction in Palm Beach. Finding the best criminal defense attorney in Palm Beach County, for your case, is difficult. You need to review their educational background, experience in civil injunction cases, their reputation in the community, and their ability to communicate with you, the client. The quality of the criminal defense attorney you hire to defend your Domestic Violence Injunction case is extremely important. We ask that you consider our South Florida Criminal Defense Attorneys.What can the Law Office of Roger P. Foley, P.A. do for You Regarding Injunctions/ Restraining Orders?
- Defend an Injunction - in other words, advocate at hearings to prevent an injunction from being placed against you,
- File a Petition on your behalf requesting that the Court grant an Order to keep you safe and argue for you at the subsequent hearings,
- Prepare pleadings and argue to Vacate (remove) an Injunction,
- Prepare and file pleadings requesting a record be sealed so an injunction is not seen by the general public.
We are often hired to defend the Respondent, the target of an injunction. What occurs at an Injunction Hearing can be used against you in criminal proceedings. Knowing what not to say is as important as knowing what to say.
Hire a Palm Beach County Injunction Defense Lawyer or Broward County Injunction Defense Lawyer so we may cross-examine the Petitioner and find inconsistencies in their stories.What Happens if an Injunction is Successfully Entered Against You?
There will be a Loss of Rights. When the Court enters a final Order granting a protective injunction against you there are some serious consequences, including:
- When a criminal background check is performed, even though it is not a criminal case, this Civil Injunction will appear. Your Civil Injunction can be seen by employers, colleges, landlords, and various other organizations, including sports leagues, which routinely perform background checks.
- A Protective Injunction can be enforced anywhere in the United States.
- You may be prohibited from purchasing, owning, or having in your possession a firearm or weapon of any type while the Injunction is in place.
- If you were living with the Petitioner (the accuser), the court will order you to leave your home immediately.
- If there are children involved, then you may be prevented from visiting your child(ren), unless it is supervised by a third party.
- If you and the Petitioner are co-workers, it is possible that you will suffer a loss of employment. Companies are often reluctant to keep both parties under the same roof.
- If the Order is violated, you will face criminal charges
- If you have a Concealed Weapons License, you will need to surrender it as it will be suspended.
- Military Personal can be confined to their quarters and undergo additional restrictions and loss of pay.
Since an Injunction is a civil proceeding, not criminal, you will not be given a lawyer if you cannot afford one. Do not go to an injunction hearing without consulting a Florida Injunction Defense Attorney. An injunction hearing does much more then prevent you from being near the Petitioner. An injunction can cause chaos in your life and disrupt your relationships, employment, living situations, and licenses. If you are the Respondent, hiring a competent Injunction Defense Lawyer will likely be advantageous to your situation. You can, of course, represent yourself, but having an attorney who understands the Rules of Procedure and the requirements that must be established to grant a Petition, are going to help you.
What most people refer to as a “Restraining Order” in Florida is legally termed an “Injunction” by the courts. An Injunction is an Order by the court that prohibits one person from contacting you. The purpose of such an order is to protect one from an act of violence. The types of injunctions are as follows:
A Domestic Violence Injunction is a type of injunction that may be filed by “family” that currently or previously shared a residence with you. “Family” is generally defined as spouse, ex-spouse, parent, step-parent, sibling, grandparent, aunt, uncle, children, adopted children, step-children, and individuals that are intimate and are living together, i.e. boyfriend, girlfriend, or domestic partner. The parent of your child or children is considered “family” even if you never lived together or were never married to that person.
Domestic Violence is any act that threatens or results in an act of violence against family, such as: False Imprisonment, Battery, Felony Battery, Aggravated Battery on a Pregnant Female, Sexual Battery, Strangulation, Assault, Aggravated Assault with a Weapon or Firearm, Stalking, Aggravated Stalking, or any other offense that results in death or physical injury.
If a family member is threatening you with acts of violence, or if there is physical abuse being committed against you, then you may be able to file as a Petitioner and receive an Injunction. The alleged abuser is referred to as the Respondent. The person who alleges that they are being abused is the Petitioner.
If granted by the court, an Injunction Order may provide:
- the Respondent surrender any weapons or firearms,
- the Respondent take a Batterer’s Intervention Program,
- a set visitation schedule and child support, when applicable,
- the Petitioner receive exclusive use of the home,
- the Respondent not contact you either in person, through third parties, or by any other means of communication.
If you would like to retain a lawyer to help you file this Petition, then contact our office and speak with Attorney Roger P. Foley.Dating Violence Injunction / Restraining Order
If the individual with whom you are having Domestic Violence issues with is not a member of your “family” as defined above, but you have dated the other person over the last six (6) months, and had sexual relations with that person with a continued expectation of affection, and continuously had communications and involvement with that individual, you may Petition the court for a Dating Violence Injunction.
Contact West Palm Beach Spousal Abuse Attorney Roger P. Foley if you require legal assistance in filing a Petition for Dating Violence.Sexual Violence Injunction / Restraining Order
If the individual with whom you are in fear is not “family” as defined by the courts and that person committed any of these acts:
- any forcible felony involving sexual acts or attempt of sexual acts,
- required a child to perform a sexual act,
- attempted to lure children into a sexual act or behavior,
- committed a lewd or lascivious act with children under 16 or in the presence of children,
- any type of sexual battery,
and you contacted police and are helping them in their criminal investigation or the other individual is to be released from prison within 90 days for sexual crimes committed against you, then you may file a Petition for a Sexual Violence Injunction.
If Domestic Violence, Dating Violence, or Sexual Violence applies to your situation and you need legal help, contact the Law Office of Roger P. Foley. Mr. Foley handles Injunction hearings in Palm Beach, Broward, Martin and Miami-Dade Counties.
The purpose of filing for an Injunction is to seek help from the Court. The Court can enter an Order that:
- Prevents the Respondent from contacting you in person, by mail, by phone, through any electronic media (email, Facebook, twitter, etc.),
- Prevents the Respondent from residing or visiting your residence, workplace, or any other place the court deems necessary,
- Prevents the Respondent from sending you messages through third parties,
- Provides financial support and visitation, if there are children in common.
It is important to know that you can file a Petition for Injunction on your own. You do not need an attorney for this process, however an attorney that handles Injunctions in Florida can be very helpful in this process. If you need an attorney to stand by your side and be your voice during this process, then contact our office.Repeat Violence Injunction
Sometimes there is violence that does not fit into the above-referenced categories. Violence may occur with relatives who have never lived with you, or among co-workers, neighbors, or fellow students. If that is your situation, do not worry; you may still be able to file for an Injunction. To file for a Petition for Repeat Violence Injunction you will need to demonstrate to the court at least two incidents of violence, and one of them must have occurred within the last six months. If you only have one incident, the court will not grant your petition.