As a lawyer, I often see people in court alone facing the
threat of a restraining order. Many
think, “no big deal, it’s only a restraining order” and don’t feel the need to
fight it in court, or better yet, don’t even appear for the hearing at all. After all, it’s better off for everyone if
the parties involved don’t have contact with each other anyway, right? The Judge may even ask you if you agree to
the injunction – and since you don’t want to have contact with the person
anyway, you just agree. Although there are some benefits to the entry of an
injunction, such as giving the court jurisdiction over timesharing and child
support issues concerning the parties’ children, there are also criminal and
other collateral consequences that occur with the injunction’s issuance. Due to these consequences, you should never
face this alone in court. Below, I’ve laid out some of the important implications
of a final injunction entered against you.
What
is a “restraining order”
In Florida, a restraining order is actually called an
injunction. They are court orders of
protection against violence. The petitioner is
the person who files, or petitions the court for, the injunction. The respondent is
the person the injunction is filed against – or whom the petitioner is seeking
protection from. Florida has four types
of injunctions:
· Injunction for
Protection Against Domestic Violence
· Injunction for Protection
Against Dating Violence
· Injunction for
Protection Against Repeat Violence
· Injunction for
Protection Against Sexual Violence.
All
four types of injunctions are civil proceedings. At the hearings, certain Rules
of Court and Evidence apply. It is important
to know these rules and what is allowed or not as evidence at the hearings.
How
can someone request an injunction against another person - the injunction
process
The injunction
process begins when the petitioner goes to the courthouse and petitions the
court for one of the four types of injunctions laid out above. For a
petitioner’s temporary injunction to be granted, the judge needs to find “clear
and convincing evidence” of either domestic violence, dating violence, repeat
violence, or sexual violence.
The petition
requests the court to place an initial, temporary injunction against
the respondent and the respondent is not given the opportunity to respond in
any way. Most of the time, the court will grant the temporary injunction
without hearing a word from the respondent (with only a few exceptions, like
the petition is lacking the necessary allegations).
The court then
sets a final hearing to determine whether a permanent injunction should be put
into place. The case must be heard within 15 days from the date of the
temporary injunction. At the final hearing, the petitioner and the respondent
will have the opportunity to offer witnesses and other evidence to support
their positions.
What
can happen if the final injunction is entered against you – The Consequences
Many people do
not realize the full range of consequences that injunctions can have.
Here is a list
of the most common consequences, and why they are important:
1)
Injunctions are
public record
o It
cannot be sealed or expunged from your record
o They
are civil in nature, public record, and the general public can view them by a
search in the county clerk’s records
o Employers
routinely search these public records
2)
Your Rights
to own a firearm/ammunition
o When
a temporary injunction is granted against a respondent, the respondent must
immediately surrender all firearms to local law enforcement. The respondent loses all rights to carry a
firearm
o This
restriction is in effect for as long as the injunction is in effect, which
could be permanently if the Court ultimately enters a “permanent” injunction
against the respondent
o This
limitation will affect anyone involved in law enforcement, military, or any
other job requiring the use of weapons and firearms (including future and
pending applications with law enforcement and military agencies)
3)
Violation of
an injunction may result in arrest and criminal charges
o Violating
the injunction is a first degree misdemeanor. Each violation is punishable with a potential
maximum sentence of up to one year in the jail
4)
Other
criminal consequences
o The
Injunction hearings are recorded and the parties are under oath. If you are also facing potential criminal
charges stemming from the allegations, anything you say at the hearing can be
used against you later in the criminal prosecution
o If
you agree to the entry of the injunction, the prosecutor may use the fact that
you have agreed to the injunction in any pending or future companion criminal
charge
§ As
mentioned above, if you agree to the injunction being entered, you are, in
essence, agreeing that the facts as alleged against you by the petitioner are
true
5)
Petitioner’s
power over the Respondent
o The
petitioner has significant power over the respondent once an injunction is
entered
o The
petitioner can call the police any time and claim the respondent violated the
injunction. Violating the injunction is
a criminal offense, and could lead to the respondent being arrested.
o The
respondent is ordered to stay away from the petitioner – meaning if both
parties end up going to eat at the same restaurant, the respondent is the one
that must leave the restaurant to avoid violating the injunction (or anywhere
else the respondent may run in to the petitioner)
6)
Effects on
your family
o Injunctions
can effect divorce proceedings, child custody disputes, alimony and/or child
support hearings
o Injunctions
give the court jurisdiction to address timesharing and child support issues
between the parties if they have children in common
o The
court can limit visitation with the respondent’s children based on the
allegations made against the respondent, including requiring supervised
visitation
o The
respondent may be ordered to leave the shared residence for the duration of the
injunction
7)
Your
employment status
o As
injunctions are public record and available to the public view by a search of
court records, employers often search these records for their current and
prospective employees. Having an
injunction could lead to termination of your employment, or prevent you from
obtaining the job.
o Law
enforcement, military, or other jobs requiring the use of firearms are
affected, as mentioned above
8)
Your Reputation
o This
can include creating issues at work – especially if the parties work together.
o Reputation
in general amongst family, friends, peers
9)
Your professional
licenses may be affected
10)
Your ability
to obtain public or private housing may be affected
11)
Your admissions
to schools, colleges, and universities may be affected
12)
If you’re a
resident alien, your immigration status and citizen application may be affected
o If
you agree to the entry of an injunction, you are agreeing that the allegations
made by the petitioner are true. This is
essentially admitting to immigration that the violence alleged happened, and
that allegation is enough for immigration to deny your application for
citizenship. This can also place you in
removal if you are a green card holder or in the country illegally.
13)
Final
injunctions are enforceable in all 50 states under the Full Faith and Credit
Clause of the Constitution
As you can see, the consequences of agreeing
to an injunction are numerous and often severe, including potential criminal
charges and the loss of valuable rights. If faced with an injunction, don’t go
through it alone and don’t skip the hearing.
Seek help from a qualified attorney to help you evaluate the case and
contest the entry of an injunction against you.
Like this article? Feel free to share it,
because someone you know may just need it.
Our firm has experience in handling these
matters. Should you have a question or concern about an injunction filed
against you, one of our attorneys would be happy to answer any of your
questions. Call us at (813) 534-0393 or email us at solivero@oliverolaw.com.
