Fort Myers Theft Crime Lawyer

Theft Crime Attorney in Fort Myers, FL

An injunction is the term Florida uses for a restraining order or protective order. It prevents a person from harming someone else and can also restrict other rights and movements. These orders are meant to protect individuals from violence, but they can also be secured without proving any criminal offense. This can cause individuals to face wrongful injunction orders. A Fort Myers injunction defense lawyer is essential to prevent restrictions on your freedom.

Hire an Injunction Defense Lawyer at Atlas Defense Law

If someone files an injunction against you, it is important to obtain dedicated, dependable legal representation for a permanent injunction hearing. In some cases, there is already a temporary injunction against you. When you work with Atlas Defense Law, we can help you understand how to navigate this situation and your options to defend yourself. We offer compassionate yet aggressive legal guidance and advocate for you in court, such as the Sixth District Courts.

Benjamin Abdulnour of Atlas Defense Law is a seasoned attorney with nearly two decades of legal experience and has worked on over 50 trial cases. He has successfully secured acquittals in criminal cases and can use this knowledge and experience to support you in a civil injunction case. You don’t have to navigate this stressful case alone.

Our firm can help you through the toughest moments in your life, protecting your freedom and future. There are ways to defend against injunction-related accusations, and we can help you create a strategic defense.

Injunction of Protection in Fort Myers

Someone can petition the court for a civil injunction of protection if they have been a victim of violence or stalking, or if they believe they are in imminent danger of either stalking or violence.

There are five injunctions of protection available:

1. Domestic violence
2. Stalking
3. Dating violence
4. Sexual violence
5. Repeat violence

In Florida, there were nearly 79,700 injunction filings in state courts from 2021 to 2022, and more than 44,700 were for domestic violence injunctions.

Understanding Domestic Violence Injunctions in Fort Myers

Domestic violence injunctions can be filed to protect an individual from violence committed by a family or household member, meaning a family member by blood or marriage, those who live together as if family, or individuals with a child in common. If the offense is committed against a minor, their parent or legal guardian can file on behalf of that child, including against the other parent.

In Lee County in 2020, there were 3,390 domestic violence offenses. In 2021, there were nearly 104,000 domestic violence offenses in the entire state, including over 82,700 cases of simple assault, nearly 16,200 cases of aggravated assault, and nearly 1,900 cases of rape.

Securing an Injunction

To secure a domestic violence injunction, the petitioner must show they are a victim of domestic violence or have a reasonable belief that they are in immediate danger. An injunction can require the alleged offender to surrender firearms, leave a shared home, and take certain intervention programming. The injunction can also prohibit the offender from contacting the petitioner.

Domestic violence injunctions require that the court assess parenting, child support, and the time-sharing of children.

What Are the Consequences of an Injunction?

If someone successfully petitions for an injunction, it can lead to many restrictions and losses in your life. Each order of injunction is different, with unique restrictions. Some potential consequences include:

• A civil injunction may show up on certain types of background checks, which can affect employment, education, and housing
• Being prevented from having contact with your children, or only having supervised visitation rights
• Required to leave your home if you live with the petitioner
• The loss of your right to own a firearm or any weapon, and your existing license could be suspended
• Prevented from going to certain places, such as near the petitioner’s home, work, or school

Additionally, if you violate an injunction, you can face criminal charges. Conviction results in fines, imprisonment, and other penalties.

FAQs

Q: Should I Get a Lawyer for an Injunction Hearing?

A: Yes, you should get a lawyer for an injunction hearing to protect your rights and secure a better outcome in the case. When you hire an injunction defense lawyer, they can advocate for you and potentially avoid the restrictive consequences of the injunction.

Even if you don’t want to see someone, an injunction can have serious consequences on your life, especially if you violate the order and are criminally charged. An attorney explains these consequences and fights against them.

Q: What Proof Do You Need for an Injunction?

A: The proof someone needs to file for an injunction will depend on the type of injunction requested and the claims made in the petition. Photos, videos, phone messages, phone records, medical documentation, written messages, and other evidence of harm are useful in supporting claims of harm. It is also useful to have witnesses who appear in court. There must be evidence of a threat and also a future threat.

Q: What Is the Burden of Proof for an Injunction in Florida?

A: The burden of proof for an injunction in Florida is that the court must find that the petitioner is a victim of domestic violence or that the court has reasonable cause to believe the petitioner is in immediate danger of becoming a victim of domestic violence. In an ex parte temporary injunction, there must be strong and clear evidence that there is an immediate danger of domestic, dating, or repeat violence.

Q: What Are the Defenses to an Injunction?

A: The defenses to an injunction depend on the circumstances, allegations made, and the type of injunction requested. One defense may be the lack of evidence against you for any alleged offense. If the petitioner fails to establish that there is an imminent and future threat, you can also argue the lack of need for the injunction. If the accusations against you are entirely false, you may be able to present evidence that shows this or challenge the evidence presented.

A Skilled Fort Myers Injunction Defense Attorney

If you are facing charges of domestic violence or have been served papers for an injunction, contact Atlas Defense Law for diligent legal representation today.