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Leesburg Injunction Attorney

Helping Pursue or Challenge an Injunction

If a person needs protection from someone who has harmed or made unwanted and harmful contact or communication with them, they can apply for an injunction. An injunction is a civil order issued by a court, placing limitations on the individual it’s issued against and prohibiting them from interacting with the protected person. Requesting protection requires filing a petition with the court and explaining what relief the protected person is asking for and why. Both parties will also be scheduled for a hearing to present their sides of the story to a judge. This can be an emotional, scary, and frustrating time for all involved. Still, whatever your situation, you do not have to go through the process alone.

At the Law Office of Jody L. Fisher, our Leesburg injunction lawyer is concerned with protecting the safety and rights of the people we serve. We provide legal representation with compassion and vigor. Whether you are seeking an injunction or one has been filed against you, when you hire us, you can be sure that you will have an advocate on your side prepared to pursue a just solution for you.

For assistance with the injunction process in Leesburg, please call us at (352) 503-4111 or contact us online today.

What Does an Injunction Do?

An injunction is a court order protecting a person from someone who has committed violence against them and/or makes them fear for their safety. It does this by placing various restrictions on the perpetrator.

Possible orders in an injunction include, but are not limited to:

  • Not contacting the protected person in any way,
  • Staying away from the protected person’s home, work, school, or other places they frequent,
  • Leaving a shared residence, and/or
  • Not purchasing or possessing firearms.

Although an injunction is a civil order, the person it’s issued against can face serious consequences if they violate it. They may be charged with contempt of court or a crime.

How Do You File for an Injunction in Florida?

If you seek protection, you must go through several steps to request an injunction.

The process consists of:

  • Completing a petition. You must explain the harm the other person has done or may do. If the individual has been violent toward you, you should give specific dates and locations as to when the incidents happened. You may also want to attach additional documentation and evidence (such as photos of injuries) to your petition to support your request for an injunction.
  • Submitting your paperwork to the Clerk’s Office. A judge will review your request and determine whether your situation warrants a Temporary Injunction (valid until your hearing for a final injunction, which is scheduled within 15 days after your petition is received). They will also set your case for a hearing.
  • Notifying the other person. The person you are requesting protection from must be served with a copy of your petition and the notice of hearing. This ensures that they are aware you are taking legal action against them.
  • Attending a hearing. During the proceeding, the judge will hear arguments from you and the person the injunction is being sought against to decide whether to grant your request. You can present witnesses and evidence to support your claims.

Our injunction attorney in Leesburg can stand by you at every stage in the process, helping prepare and file forms and representing you at the hearing.

Who Can Get an Injunction in Florida?

Various situations can give rise to a request for an injunction. For instance, a person can seek one if they are being harmed by a family or household member or dating partner, harassed by a neighbor, or subject to malicious touching or comments every day by a customer at a coffee shop.

More specifically, the types of injunctions that can be sought include:

  • Domestic violence. You can apply for this injunction if a family or household member has or threatened to commit a crime of violence against you, such as assault or battery. Family or household members include:
    • A spouse or former spouse,
    • Someone who lives or lived with you, or
    • A person you have a child with.
  • Dating violence. You can request this type of injunction if you are or were in a romantic or intimate relationship with someone within the last six months, you did not live together, and the individual was violent toward you.
  • Repeat violence. If you are in imminent danger of harm by someone who is not your family or household member or a dating partner, you can ask for a repeat violence injunction. You must have been subject to at least two incidents of violence.
  • Sexual violence. You may ask for a sexual violence injunction if you reported the incident to law enforcement and the person who committed it was imprisoned and has been or is about to be released.
  • Stalking. You may seek this injunction if, on two or more occasions, someone has followed or harassed you, continuously contacted you, or subjected you to other unwanted behavior that causes emotional distress.

What If an Injunction Has Been Filed Against Me?

Protecting the safety of persons subject to harm is important. Unfortunately, not all requests for injunctions are made for this reason. Some are initiated on frivolous grounds, such as getting the upper hand in a separate legal issue or having the person it’s being sought against removed from the home.

If someone has asked for an injunction against you, you can present your case and fight the request at a hearing. It is important that you appear at the hearing. Otherwise, the judge can decide in the other person’s favor without considering your side of the story.

Our Leesburg injunction lawyer can help prepare for your hearing and challenge the other person's allegations against you.

Schedule a Consultation

At the Law Office of Jody L. Fisher, we help victims of abuse get the protection they need against current or future harm. We also assist in contesting frivolous claims maintained by someone looking to have unwarranted restrictions placed on another individual. Our Leesburg injunction attorney will assess your situation and determine how to develop and present your case.

Speak with us by calling (352) 503-4111 or submitting an online contact form.

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