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The Law Offices of Midler & Kramer, P.A.
(954) 567-0300 / (561) 929-3051

120 East Oakland Park Blvd, Suite 203 – Fort Lauderdale, FL 33334
2385 NW Executive Drive, Suite 100 – Boca Raton, FL 33431

Injunction

DO NOT ALLOW AN INJUNCTION TO BE ISSUED AGAINST YOU. IT WILL FOREVER CHANGE YOUR LIFE.

Injunctions invoke the jurisdiction of civil court. But a violation of the same injunction is a criminal offense invoking the jurisdiction of a criminal circuit, or county court judge. A violation of an injunction shall result in your arrest.

An order of protection or injunction is a court order prohibiting you from having contact and communication with other individual(s). An order of protection or an injunction can also prohibit you from being in specified places.

Based on the nature and allegations contained within the injunction, an order of protection can prohibit you from returning to your home, having contact with your spouse, and or children.

  • A permanent injunction is for life. There is no statute of limitations or an expiration time period concerning an order of protection.
  • An injunction cannot be expunged, nor can it be sealed.
  • Once an injunction is issued, you are compelled to relinquish all firearms and ammunition to law enforcement.
  • Your concealed weapons or firearms license shall be revoked by the Department Agriculture and Consumer Services.
  • Injunctions are public record. It can adversely affect employment and is always a line of inquiry on any employment application.
  • Injunctions affect your ability to travel, live, and work. A respondent is prohibited from being within 500 feet of the petitioner's residence, school, work, or a specified location frequented regularly by the petitioner; such as a gym, place of worship, or grocery store.
  • A respondent is prohibited from knowingly and intentionally coming within 100 feet of the petitioner’s vehicle, whether or not it is occupied.
  • A respondent is prohibited from engaging in any form of electronic or telephone communication, directly or indirectly with the petitioner.

TYPES OF INJUNCTIONS

DATING VIOLENCE INJUNCTION

An individual who is, or had a continuing and significant relationship of a romantic or intimate relationship with another may seek an order of protection against dating violence. F.S. 784.046 (1) (d)

Dating violence is categorized in F.S.784.046 (1) (a) as:

  • Assault
  • Aggravated Assault
  • Battery
  • Aggravated Battery
  • Sexual Assault
  • Sexual Battery
  • Stalking
  • Aggravated Stalking
  • Kidnapping
  • False Imprisonment
  • Or any criminal offense resulting in physical injury or death, by a person against another.

The existence of a continuing and significant relationship shall be determined on consideration of the following 3 factors as defined in F.S. 784.046 (1) (d).

  • A 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, and
  • The frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship.

A continuing and significant relationship does not include a causal relationship or violence between individuals who only have engaged in ordinary fraternization in a business or social context. F.S. 784.046(1)(3)

 

DOMESTIC VIOLENCE INJUNCTION

An individual may seek an order of protection if he or she has been the alleged victim of domestic violence, or has reasonable cause to believe he or she is in imminent danger of becoming an alleged victim of domestic violence.

Domestic violence is categorized in F.S. 741.28(2) as:

  • Assault
  • Aggravated Assault
  • Battery
  • Aggravated Battery
  • Sexual Assault
  • Sexual Battery
  • Stalking
  • Aggravated Stalking
  • Kidnapping
  • False Imprisonment
  • Or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.

Family or Household member is defined in F.S.741. 28(3) as:

  • A spouse.
  • Former spouse.
  • Individuals related by blood or marriage.
  • Individuals who presently reside together as a family.
  • Individuals who have resided together in the past as if a family.
  • Individuals who are parents of a child in common regardless of whether they have been married.

With the exception of individuals who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling. F.S.741.28 (3)

 

REPEAT VIOLENCE INJUNCTION

Involves allegations of violence, stalking, or harassment between individuals who do not have an intimate or family relationship with each other. These individuals are typically neighbors, co-workers, fellow class members or roommates.

Repeat violence is categorized in F.S. 784.046 (1) (a) as:

  • Assault
  • Aggravated Assault
  • Battery
  • Aggravated Battery
  • Sexual Assault
  • Sexual Battery
  • Stalking
  • Aggravated Stalking
  • Kidnapping
  • False Imprisonment
  • Or any criminal offense resulting in physical injury or death, by a person against another.

The number of incidents or acts to be committed by a respondent pursuant to a repeat violence injunction is defined in F.S. 784.046 (1) (b) as:

2 incidents or acts of violence or stalking committed by the respondent, 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.

For a petitioner to be issued a repeat violence injunction upon a respondent, two acts of violence as categorized above must be established, and one act of violence must be committed within 6 months of the petition being filed.

 

INJUNCTION AGAINST STALKING

  • Stalking is defined by F.S.784.048; as conduct that is willful, malicious, and repeated, and forms a course of conduct which would cause substantial emotional distress in a reasonable person in the same position as the victim / petitioner.
  • A person, who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking.
  • Harass means to engage in a course of conduct directed at a specific person that causes substantial emotional distress in such a person and serves no legitimate purpose.
  • Course of conduct is a pattern of conduct composed by a series of acts over a period of time, however short, evidencing a continuity of purpose.
  • Series of acts is a number of things or events of the same class coming one after another in spatial or temporal succession. Thus, engaging in a series of acts or acting repeatedly in the context of the statute means what the commonly approved usage of these words suggest; acting more than once.

There is no “category of violence” requirement for an injunction against stalking as in a repeat, dating, or a domestic violence injunction.

A stalking injunction does not require two acts of violence.

 

SEXUAL VIOLENCE INJUNCTION

F.S.784.046 (2) (c) allows an individual who is: (1) a victim of sexual violence or, (2) the parent or legal guardian on behalf a minor who is living at home who is the victim of sexual violence can seek an order of protection only if:

The person has reported the sexual violence to a law enforcement agency and is cooperating in any criminal proceeding against the respondent, regardless of whether criminal charges based on sexual violence have been filed, reduced, or dismissed by the state attorney. F.S. 784.046 (2) (c) (1)

A sexual violence injunction can also be ordered if the respondent who committed sexual violence upon the victim or minor child was sentenced to state prison for the sexual violence, and the respondent’s term of imprisonment has expired or due to expire within 90 days following the date the petition is filed. F.S. 784.046 (c) (2)

Sexual violence is defined in F.S. 784.046 (1) (c) as one act of:

  • Sexual Battery
  • A lewd or lascivious act committed upon or in the presence of a person younger than 16 years of age.
  • Luring or enticing a child.
  • Sexual performance by a child.
  • Any other forcible felony wherein a sexual act is committed or attempted.

 

UNDERSTAND THE PROCESS

The process begins with the petitioner completing the applicable pre-prepared injunction form located online or in the civil window of the county courthouse. The respondent is not notified.

Within hours, a judge will review thefour corners” of the petition. The judge will not receive testimony or evidence, nor will the judge communicate with the petitioner. The judge has the discretion to order a temporary injunction, set the matter for a final hearing, or deny the petition on it's merits.

TEMPORARY INJUNCTION

If it appears to the court that an immediate and present danger of violence exists, the court has the discretion to grant a temporary injunction pursuant to F.S. 784. 046 (6) (a).

A temporary injunction shall only be in effect for 15 days. F.S. 784.046 (2) (c)

Within 24 hours after the court issues an injunction, the clerk of court shall provide law enforcement with a certified copy of said order.

Law enforcement must then immediately serve the temporary injunction on the respondent.

The respondent will not be notified of the temporary Injunction until it is served upon him or her by law enforcement.

If the court imposes a temporary injunction, a final hearing shall be scheduled within 15 days of the order.

 

FINAL HEARING

OPPORTUNITY TO BE HEARD

DO NOT ALLOW A PERMANENT INJUNCTION TO BE ISSUED AGAINST YOU

 

If the petition is set for a final hearing, retain an experienced litigator. You must challenge the petitioners allegations and not rely on them.

Your attorney must be prepared to do the following on your behalf:

  • Review the petition and determine if we can file a motion to dismiss the injunction.
  • Interview all witnesses regardless if he or she is listed within the petition and compel their attendance by mandatory subpoena at the final hearing.
  • Retain a court reporter, and take the petitioner’s deposition (sworn statement under oath, under the penalty of perjury) to disclose the petitioner's version of events.
  • Retain a private investigator that may disclose witnesses, electronic evidence such as security footage; and reveal the petitioner’s criminal history, prior false allegations, lawsuits, and any other admissible, relevant information to be used on your behalf at the final hearing.

 

DO NOT IGNORE YOUR FINAL HEARING

Failure to appear at your final hearing shall result in a permanent injunction being issued against you. The judge does have discretion to void the injunction, but this is a most difficult process with little chance of success.

 

VIOLATING AN ORDER OF PROTECTION

A law enforcement officer has the authority to arrest an individual for a violation of any term or condition of an injunction. Pursuant to F.S. 784.046 (9) (b), you will be arrested, "booked" into the county jail, and remain “…in custody until brought before the court as expeditiously as possible for the purpose of enforcing the injunction and for admittance to bail…pending a hearing”.

DO NOT WALK INTO A FINAL HEARING WITHOUT BEING PREPARED.

YOU MAY WALK OUT WITH A PERMANENT INJUNCTION FILED AGAINST YOU.

INJUNCTIONS THAT ARE ISSUED BY THE STATE OF FLORIDA SHALL BE ENFORCED BY ANY OTHER STATE.

INJUNCTIONS ISSUED OUTSIDE THE STATE SHALL BE ENFORCED BY THE STATE OF FLORIDA.

 

LET A FORMER PROSECUTOR WORK FOR YOU!

While I was a student attending Nova Southeastern University School of Law, I became a certified legal intern prosecuting cases for the Broward County State Attorney’s Office in the Spring of 1990. I prosecuted misdemeanor cases in county court prior to my admission to the Florida Bar.

Upon being admitted to the practice of law by the Florida Bar in September 1990, I was employed as an Assistant State Attorney by the Broward County State Attorney’s Office. I was responsible for prosecuting individuals accused of misdemeanors such as driving under the influence, petit theft, assault, and battery. In September 1992, I was promoted to county court supervisor.

In December 1992, I was promoted to felony circuit court responsible for prosecuting individuals accused of aggravated battery, aggravated assault, robbery, burglary, firearm offenses and felony narcotic violations. In November 1993, I was promoted to “Lead Prosecutor”, Felony Trial Unit.

In August 1994, I was promoted and assigned to the Broward County Sex Crimes / Child Abuse Unit.

As a former prosecutor, I conducted numerous forensic interviews with alleged victims and witnesses. I communicated consistently with law enforcement officers and made the ultimate decision whether to charge an individual with a crime.

An attorney, who defends an individual against an injunction, must understand the petitioner’s state of mind. Motive, intent, bias, and prejudice of any alleged victim / petitioner must be examined and brought as a defense before your judge at the final hearing.

I will carefully examine each aspect of the injunction. Whether it is dating, repeat, stalking, sexual violence, or domestic; each order of protection invokes a unique set of law and fact.

Upon leaving the State Attorney’s Office in 1997, I have dedicated my professional life defending individuals with life changing events such as injunctions.

Please utilize my extensive training, background and experience to defend and protect you and your loved ones.

 

CALL 24/7 AT (954) 567-0300 OR (561) 929-3051