Injunction and Restraining Order Defense
Get an attorney who will protect your freedom
If you’re accused of domestic violence or another criminal charge, you may be the target of an injunction or a restraining order. These court orders are not themselves criminal matters, but like a criminal charge, they can have significant effects on your freedom and quality of life. You can have a criminal charge and an Injunction occurring out of the same incident and be in two different courts, one civil, the other criminal.
An experienced criminal defense attorney who knows the system can take proactive legal action to protect your rights – and your freedom. If you have been named in an injunction or restraining order, or even if you’re being threatened with a restraining order, get legal representation right away. Get Thomas C. Grajek, Attorney at Law.
What is an injunction?
An injunction is a court order that prevents a person from contacting or being around another person. Injunctions are used at all levels of the court system. If you violate an Injunction, it is a new criminal act.
What is a restraining order?
A restraining order is a type of injunction that usually orders an individual to refrain from contact with another individual. Restraining orders are most commonly associated with domestic violence, harassment, and stalking, though they can be taken out in various other types of disputes such as employment matters.
To get a restraining order, the person requesting it must make allegations such as an act of domestic violence or stalking, and most importantly, convince a judge that there is a legally sufficient reason for the restraining order.
Restraining orders can have a significant effect on your career, your family, and your life. It’s one thing to refrain from contact with a particular person, but if the restraining order prohibits you from being within 500 feet of that person, that could affect your ability to do your job or meet other personal responsibilities. This can be a tough scenario since the penalties for violating a court order are significant – but so is the cost of losing a job. In addition, these injunctions can turn up in background checks.
What’s the penalty for violating a restraining order or injunction?
Although a restraining order or injunction is a civil matter, violating such an order is a crime. A violation of injunction – for instance, coming in contact or within a certain radius of the person who requested the restraining order – is a first-degree misdemeanor punishable by up to a year in jail and up to $1,000 in crimes. All they have to do is call the police and say you drove by their house. That is why it is so important to fight an Injunction.
Responding to a protective order or a request for an injunction
If you’ve been targeted by a restraining order or injunction, even if you think it’s unfair, don’t violate it. Again, refusing to comply with a court order is a crime. Instead, you can exercise your right to fight the Injunction and appeal the court order. With the right attorney on your side, you can navigate the appeals process and potentially get the injunction or restraining order revoked.
If you are merely being threatened with a restraining order and the order hasn’t been issued yet, an attorney may be able to help you reach an out-of-court arrangement with the other person that meets both of your needs without the need for a formal court order. Such an arrangement has more flexibility to work around your career and other responsibilities instead of the rather heavy-handed effects of an injunction. Or you can fight the Injunction, but you need an attorney who knows the rules of evidence and how to litigate an Injunction hearing.
The key is to act fast. An injunction or restraining order can affect your career, your reputation, and other rights such as your ability to own a gun. The sooner you contact a lawyer with experience dealing with these matters, the better. Schedule your free consultation with a Lakeland injunction and restraining order defense attorney today.