Injunctions are sometimes referred to as Restraining Orders. The terms mean and seek to accomplish the same thing:
- Someone wants to stop you from contacting them
- Someone wants to stop you from doing something
- You want to stop someone from contacting you
- You want to stop someone from doing something
At the Law Office of Dell & Schaefer, we are very aware that a life free from unlawful disruptions is very important. Having an injunction served on you will certainly disrupt whatever peace and privacy you were seeking to enjoy. A restraining order will prevent you from being able to go certain places, own a firearm and could result in the loss of employment, issues with your family, your children or your ability to obtain housing.
Grant Schwarz is an experienced attorney who has handled many injunction and restraining order cases for both Plaintiffs and Defendants. Injunction and Restraining Order Law often overlaps with criminal cases and even family law related cases. Injunctions are handled in Civil Court, which follows different rules than criminal court. These cases move very fast and are often heard by a judge very soon after they begin. It is important that if you have been served with an injunction that you contact the Law Office of Dell & Schaefer to speak to Grant Schwarz about how to handle this potentially very serious issue.
Types of Restraining Orders
There are several types of Injunctions and Restraining orders that can be filed. Each deals with a different type of conduct that the petitioner wants to stop. The most common injunctions are: Dating, Domestic, Repeat, Sexual and Stalking.
Violence or stalking that has occurred, or that the Petitioner has reasonable cause to believe they are in imminent danger of becoming a victim of, between individuals who (1) have been in a dating relationship within the past 6 months (2) have had an expectation of affection or sexual involvement and (3) have been involved over time and on a continuous basis, excluding individuals who have engaged in ordinary fraternization in a business or social context.
Violence or stalking that has occurred, or that the Petitioner has reasonable cause to believe they are in imminent danger of becoming the victim of, between individuals who are spouses, former spouses, or persons related by blood or marriage who are residing or have resided together as a family, or individuals who are residing together or have resided together as if family, or individuals who have a child in common.
Two acts of Violence or stalking on two separate occasions, one of which must have been within the past 6 months committed by a person against another person. These types of Injunctions are usually appropriate for neighbor-against-neighbor, coworker-against-coworker, or other types of relationships that are of a non-domestic or non-dating nature.
Stalking Violence means someone is purposely following or harassing you repeatedly over a period of time for no legitimate purpose, causing you emotional stress. If in doing so, he/she threatens your life or threatens to harm you, with the intent to cause you reasonable fear for your safety, then the act becomes aggravated.
Any one of the following criteria must be met: (1) You must have reported the incident to law enforcement and be cooperating in any criminal proceedings or (2) The Respondent must have been sentenced to prison and the term expired or is due to expire within 90 days, and any incident of the following: (1) sexual battery (2) a lewd or lascivious act, committed upon or in the presence of a person younger than 16 (3) luring or enticing a child (4) sexual performance by a child or (5) any other forcible felony wherein a sexual act is committed or attempted.
Contact a Broward County, Miami, and Palm Beach Restraining Order Lawyer
If you are facing any issue involving an injunction or restraining order it is important that you contact the office of Dell & Schaefer for a free consultation. The effects of an injunction on your record could be very severe. Injunctions are visible to the public, law enforcement, accessible online, by employers and the information discovered during the injunction process can be used during any later legal action.