Fighting Injunctions and Restraining Orders in Orange & Seminole Counties
Injunctions, or restraining orders, are court orders that protect victims from harm. Many times, victims of violence and harassment seek protection from the court by filing an injunction against their alleged abuser. But did you know that false allegations are highly common?
A spiteful ex, divorcing spouse or jealous dating partner may get a restraining order against you to make your life miserable or satisfy their agenda against you. Other times, people fight and arguments can get heated, resulting in false accusations of violence and threats. Remember, shouting and slamming doors are not grounds for a valid restraining order. As such, you cannot accept your injunction as an honest representation of your actions and indication of guilt.
If an injunction has been filed against you, Attorney Carrie Rentz has got your back. With 15 years of legal experience and knowledge on both sides of the law, she can explore options to get a restraining order against you dropped altogether or modified.
Contact us at 407-904-7376 to get started! We offer services in Orange County and Seminole County.
Types of Injunctions in Florida
In Florida, there are six types of injunctions that a petitioner, the alleged victim, may file against you, the respondent. They include:
- Domestic Violence: A person who is the victim of domestic violence or has reasonable cause to believe they are in imminent danger of becoming a domestic violence victim can file an injunction against their abuser, according to F.S. 7430.
- Sexual Violence: Sexual battery, lewd and lascivious acts, luring or enticing a child, sexual performance by a child and any other forcible felony where a sexual act is committed or attempted is grounds for a sexual violence injunction.
- Dating violence: F.S. 784.046 defines "dating violence” as violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. The court will determine whether this relationship exists by examining the following:
- The dating relationship must have existed within the past 6 months
- The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties
- The frequency and type of interaction between the persons involved in the relationship must include having been involved over time and continuously during the relationship
- Repeat Violence: Florida law defines "repeat violence” as two incidents of violence or stalking committed by the abuser, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner’s immediate family member.
- Stalking: Under F.S. 784.048, a person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking, a first-degree misdemeanor, and establishes grounds for an injunction against them.
- The Exploitation of a Vulnerable Adult: A vulnerable adult, such as an elderly or disabled person, who is in imminent danger of being exploited can get an injunction against someone. The adult, their guardian, or a person or organization acting on behalf of the adult may file, according to F.S. 825.1035.
What Happens If I Have an Injunction Against Me?
An injunction comes with various terms and conditions but since no two incidents are exactly alike, circumstances may vary. Sometimes, a judge may impose specific rules and requirements that you may not find in other restraining orders. However, the following consequences generally apply if you have an injunction against you:
- You may be required to surrender your guns and ammunition
- You may be ordered to attend a Batterers’ Intervention Program (BIP)
- You may get charged with a first-degree misdemeanor for violating an injunction
- Since injunctions are public records that appear on background checks, you may have trouble getting a job, approved for loans and housing and admitted into universities
- You may be required to stay away from your home and family, therefore alternative living arraignments may be necessary
- You may need an Orlando injunction lawyer to help negotiate the terms of your restraining order or work to get it dropped altogether
Our firm understands the severity of an injunction order, as it has the power to derail your livelihood in unimaginable ways. It can rob you of your family, children, job and happiness, to name some, which is why you must fight it. You must also remember that Seminole County, Orlando and Orange County courts do not have to hear your side of the story before administering an injunction against you; the victim’s allegations are typically enough to change your life. This isn’t fair, but you have options.
Get Help After An Injunction Petition is Filed Against You in Orlando
Our Orlando Injunction Attorneys at The Law Office of Carrie L. Rentz, P.A. will listen closely to your side of the story before devising legal strategies to help you overcome your obstacles. We have the resources and knowledge to help you thoroughly understand your options for mitigating or dismissing your restraining order.
To speak with Orlando Injunction Attorney Carrie Rentz, schedule a consultation online or call 407-904-7376! We proudly serve clients in Orange County and Seminole County.