Responding to or Defending a Temporary Injunction, Restraining Order or No Trespass Warrant
An injunction (also known as a “restraining order”) for victims of dating, domestic, repeat and sexual violence is a court order that prevents the respondent from having any direct contact with the petitioner, and potentially their children under Florida law.
InjunctionsInjunctions whether they stem from a petition for injunction against domestic violence, petition for injunction against dating violence, or harassment are something you will want to defend against and respond to because the long-term consequence of having a judge grant a permanent injunction against you can be costly.
Once the Petitioner files a petition against you the judge can: grant a temporary injunction for protection and set the matter for hearing with fifteen (15) days; the judge can enter an order setting the matter for hearing with no temporary injunction in effect (less likely); and the judge can deny the petition outright without a hearing.
Consequences of Not Fighting an InjunctionIf you are defendant against an injunction you will need to act fast because as stated above the judge can, in most cases, grants a temporary order and set the matter for hearing with fifteen (15) days. The consequences of not fighting the injunction by agreeing to or by no-showing to the court hearing can have some long term affects you need to consider:
The can prevent you from coming back into your marital or shared residence;
The can prevent you from seeing your children until a judge can make a ruling through divorce proceedings;
The can prevent you from going within 500' feet of shared churches, employment establishments, friends' houses, etc.;
The can force you to turn over your firearms immediately with the judge ordering a temporary order;
They can prevent you from passing a background check to purchase a firearm, or purchase one legally in any matter;
They can affect your employment - some employers require that you immediately notify them of law enforcement contact. If the injunction is made by a co-worker, this can have very obvious and tangible ramifications on employment as well.