Injunctions, Restraining Orders and Violations of them,
Injunctions in Pensacola and Restraining Orders in Pensacola,
General Information from Pensacola Injunction Lawyer Chris Rabby.
In Florida an injunction (also called a restraining order) prohibits a person from doing something they are legally allowed to do, such as go to a specific place, a particular store or even a church.
Injunctions, like to keep me from building a Hotel next door to your house, are generally difficult to obtain and require posting a monetary bond with the court. However, allegation of violence make some temporary injunctions very easy to get, like Domestic Violence Injunctions, Repeat Violence Injunctions, Sexual Violence Injunctions, and Dating Violence Injunctions.
Temporary Injunctions are issued ex parte, or one-sided. This means issued a person can file an affidavit with the clerk of court and have an injunction issued and served on a person, with out them being able to dispute the allegations in the affidavit. A final hearing is supposed to be scheduled and held within two weeks of a temporary injunction being issued. However, due to the serious consequences of an injunction, the scheduling can be extended.
Consequences. A temporary or permanent injunction can remove a person from their own home, restrict them from seeing their children, prohibit them form going to certain locations like employment, schools and churches. They can prohibit any direct, indirect and social media contact between parties. Injunctions prohibit a person from coming within certain areas and committing acts of violence. They also restrict ownership and possession of firearms sometimes permanently. Possession of a firearm while being subject to an injunction can carry a 10 year jail sentence in federal Court, in violation of Title 18 USC §922(g). A violation of the terms of the injunction, prohibited contact, for example, can be prosecuted as misdemeanor violation of injunction, with a year in jail sentence. Sometimes it can be charged as a five-year felony, aggravated stalking. It can also be punished as contempt of court, 6 months maximum jail.
In Florida, Domestic Violence Injunctions, Repeat Violence Injunctions, Sexual Violence Injunctions, and Dating Violence Injunctions do not have to be proven beyond a reasonable doubt, like a criminal case. They are proved to a preponderance of the evidence, which is a much lower standard of proof. Despite that, they can permanently restrict ownership and possession of firearms.
Many times, injunctions are a process that is abused by a person seeking a quick advantage in a divorce or separation.
Injunction lawyer Chris Rabby has experience in Florida Domestic Violence Injunctions, Repeat Violence Injunctions, Sexual Violence Injunctions, and Dating Violence Injunctions. An injunction can remove you from your own home and restrict you from seeing your children. These injunctions do not have to be proven beyond a reasonable doubt, but can permanently restrict ownership and possession of firearms, just like a felony conviction.
Any violation or alleged violation of an injunction may result in a warrant being issued for the person’s arrest without bond.
This means the person will remain incarcerated until they appear before a judge and maybe during the duration of the case.
A violation of an injunction can be charged as stated above.
Have a question on an Injunction?
Call Chris Rabby, (850) 437-9410