20 tips of Free Legal advice for Injunctions in Orlando & Lake County

1. There are two main types of Injunctions: Injunctions for Protection against Domestic Violence or Dating Violence and Injunctions for Protection Against Repeat Violence.
2. An injunction is a civil matter and has no effect on a person’s criminal record.
3. Although it is a civil proceeding if an injunction is violated then it becomes a first-degree misdemeanor Criminal offense punishable by a maximum of one year in the county jail.
4. Any form of direct or indirect contact can be seen as a criminal violation of an injunction, including but not limited too:
   • phone calls
   • text messages
   • email
   • written letters
   • a message from a third party
   • or simply being within 500 feet of the petitioner.
5. When a Judge reviews a petition for an Injunction, the Judge will make a determination of whether or not to grant a temporary injunction based solely on the sworn written language in a Petition and without the benefit of hearing actual live testimony from either side.
6. When a Judge determines whether or not to grant a Temporary Injunction, the Judge does not get to hear anything from the Respondent, only the Petitioner’s version of events.
7. Every written word in a petition for an Injunction is sworn to under oath with a notary, and therefore any false statement made in that official capacity is subject to criminal prosecution for perjury.
8. When a Judge grants a Temporary Injunction pending a formal hearing, this means that the Judge was convinced by the petition that sufficient grounds exist in that petition to enter an order of protection at that point in time.
9. It is not until a formal injunction hearing that a Judge gets to hear any Defenses the respondent may have to the Petitioner’s allegations.
10. If a Temporary injunction has been issued, the burden is on the Respondent at a formal hearing to convince the Judge of reasons why an Injunction is not necessary to protect the Petitioner.
11. Since it is a civil proceeding, no one is entitled to be represented by legal counsel at an Injunction hearing.
12. Typically, a Judge is going to begin an injunction hearing by asking a Respondent if he/she has any reason why they need to have contact with the Petitioner, and if they do not, then the Judge will want to go ahead and put an Injunction in place without a formal hearing.
13. If a Petitioner does not appear at a formal Injunction hearing, then any temporary Injunction in place is dissolved and the parties are allowed to have contact again.
14. If a Respondent fails to appear at a formal Injunction hearing than a Judge will inquire of the Petitioner if everything stated in the petition is true and correct, and if the Petitioner is still requesting an injunction, a Judge enters an order of Permanent Injunction.  If a Petitioner states yes than a Judge will grant a Permanent injunction for Protection.
15. The length of time an Injunction is in place can be stipulated to by the parties, or determined by the Judge.
16. Any person that has an Injunction in place against them is not allowed to possess any firearms during the period of time that injunction is in place.
17. If a person is charged with a criminal offense that is open and active and the criminal allegation is the basis for the Injunction, any statements that person makes in Injunction Court can and will be used against them in their criminal case.
18. Witnesses are permitted at injunction hearings, but only if that witness has first-hand knowledge of the events that led to the granting of a temporary injunction.  Character witness testimony is not admissible.
19. Hearsay may be admissible in an Injunction hearing but cannot be the sole basis for an injunction.
20. If an injunction is denied or dissolved after hearing than those issues cannot be re-litigated again in civil court under the principle of res judicata (similar to Double Jeopardy in Criminal Court.)

Should you require advice regarding an injunction, please contact the Law Office of Conan & Herman; the premier Orlando criminal defense attorneys.  Free Consultations.