Injunctions provide protection for victims of certain violent and threatening acts, including those done by strangers and those done by members of their family or household. This is an important protection for victims, but it can also be misused. Facing an injunction can result in an arrest, severely limit your freedom, and even remove you from your home. If you have received notice of an injunction filed against you, you need a Miami injunction defense lawyer to defend your rights.
An injunction order can cause more issues than it resolves, particularly when the claims of violence are exaggerated, the result of a misunderstanding, or simply false. Working with an attorney is crucial to presenting your side of the story and advocating your interests to the court. This could help protect your freedom and your rights.
Protecting Your Future With Experienced Miami Defense Attorneys
The Law Office of Ramon de la Cabada has significant experience in criminal defense law, with a lead attorney who has over 34 years of legal experience. When you face a petition for an injunction in civil court, you may also be facing criminal charges for accusations of violence or stalking. Our firm can fight to protect your interests in both courts.
You need experienced legal defense even if you are only facing a civil injunction. These orders can significantly impact your life and result in criminal charges if you violate the terms. Our firm provides you with knowledgeable legal advice and represents your side of things to the court. It is our goal to limit or prevent the consequences an injunction has on your life.
The Basics of an Injunction
An injunction is also called a restraining order or a protective order. When it is filed successfully, it can restrict the movement and rights of the alleged offender.
If an injunction is filed against you, you may be removed from the home you share with the individual who filed the petition, be unable to see your children, and be barred from owning a firearm. You could also see limitations on your educational, housing, and employment opportunities, as an injunction is public record. It can also cause serious damage to your personal, social, and professional reputation.
For some types of injunctions, the alleged victim of the offense does not have to prove they were the victims of the offense, only that they had a reasonable fear of being a victim of an offense. While this is an important protection for victims of violence, it can make it unfortunately, easy for individuals to make false claims to file these orders.
What Are the Consequences of Violating an Injunction?
An injunction can severely restrict you and your freedom, and breaking these restrictions has serious repercussions. Depending on the circumstances of the violation, you could face criminal charges, including months in jail and hundreds in fines.
Understanding Domestic Violence in Miami-Dade County
Domestic violence offenses should not be taken lightly. Unfortunately, these cases happen frequently, affecting many families and individuals. In the past 20 years, rates and counts of domestic violence offenses have increased.
There were 7,570 domestic violence offenses reported in Miami-Dade County in 2020. This included 5,080 instances of simple assault domestic violence. The county had a domestic violence offense rate of 267.2 per 100,000 population, significantly lower than the state’s rate of 493.7 per 100,000 population.
Within the county’s offenses, there were 1,545 cases of simple assault by the victim’s spouse, which was the primary relationship between the victim and offender in these cases. In aggravated assaults, many offenses were committed against the child of the offender.
The Seriousness of These Cases
These cases are very serious. However, not all claims of domestic violence or other reasons given for an injunction order are viable. Claims of domestic violence, stalking, or other abuse may be the result of misunderstandings, mutual violence, or even false accusations.
Injunctions could be filed out of spite or to gain the upper hand in a divorce or custody case. In some cases, injunctions are filed by the perpetrator of violence or stalking against the victim. Family members or even coworkers may file injunctions based on false claims to force someone out of their home or workplace. It’s important to understand your rights and what you can do to prevent an injunction from being granted based on misleading or false allegations.
Types of Injunctions Available in Miami
There are different types of injunctions for different types of violence or threats of violence. Each of these injunction orders can be either temporary or a final judgment and may have different requirements to implement. The injunctions available in Florida include:
- Domestic violence injunction. Domestic violence occurs when there are violent offenses committed against a family member or member of the same household, including assault, battery, sexual assault, stalking, kidnapping, false imprisonment, and other offenses causing injury or death.
When a person is a victim of domestic violence or has a reasonable belief that they are in imminent danger of being harmed by a family or household member, they have the grounds to file an injunction against domestic violence.
- Repeat violence injunction. Repeat violence occurs when there have been two occurrences of violence or stalking by the alleged offender, and one of those happened a maximum of six months from when the petition is filed. Violent occurrences include assault, battery, sexual assault, kidnapping, or any offense that causes injury or death.
A person has the standing to file an injunction against repeated violence if they are the victim of repeated violence or are the parent or legal guardian of a minor living in their home who has been a victim of repeated violence.
- Dating violence injunction. Dating violence is defined as acts of violence between those who are in a relationship that is continuing, significant, and romantic or intimate. A dating relationship is validated by factors such as existence within the past six months and an expectation of frequent and continued affection or sex during the relationship. Dating violence injunctions cannot be filed by casual acquaintances.
A person can file an injunction against dating violence when they are the victim of this violence and have a reasonable belief that they will be the victim of another offense. A person also has grounds when they have reasonable cause to believe they are in immediate danger of being a victim of these violent offenses, or if they are filing on behalf of a minor child.
- Sexual violence injunction. Sexual violence is defined as one incident of sexual battery, lewd acts in the presence of a minor under 16, enticement of a child, sexual performance by a child, or forcible felony sexual acts.
A person has the grounds to file an injunction against sexual violence if they are the victim of this violence or are the legal guardian of a minor child who was a victim. The person is also required to report the act of violence to law enforcement and work with the agency on criminal charges, regardless of actual criminal charges.
- Stalking injunction. Stalking is the offense of purposefully and maliciously following, harassing, or cyberstalking someone repeatedly. Cyberstalking also includes online communication with the person or accessing the person’s online accounts without their permission when these actions cause emotional distress and do not have a reasonable intention.
A person has the grounds to file an injunction against stalking if they are the victim of the offense or they are filing on behalf of a minor child. Because the crime of stalking is defined as repeated behaviors, it may require more than one instance.
Filing an Injunction
In Miami, the courts that offer domestic violence petition filing include:
- The Joseph Caleb Center Court
- The Hialeah District Court
- The Lawson E. Thomas Courthouse Center
- The North Dade Justice Center
- The South Dade Justice Center
Injunctions are a civil process, so your case may be handled by any of the civil claims courts in the city. Mr. de la Cabada represents clients on both sides of injunction cases—whether you need to file an order for protection or respond to one. He provides clear guidance through each step of the process and appears in court to advocate for your interests.
The Process of Filing an Injunction
When the alleged victim files a petition for an injunction, the hearing is set to the earliest date possible, and the alleged offender is served with the papers of the hearing and injunction. Before the hearing, the petitioner can request a temporary injunction, also called an ex parte injunction.
A Temporary Injunction
A temporary injunction for domestic, sexual, dating, or repeat violence will be granted if the court sees immediate and present danger of that form of violence. A temporary injunction for stalking only requires that the court determine that stalking has occurred.
A temporary injunction against violence will grant any relief necessary and will include an injunction against further violence. Domestic violence temporary injunctions will also include giving the petitioner sole use of their home or dwelling or preventing the other party from entering the home. A temporary injunction against stalking provides the relief necessary and an injunction against further stalking.
All types of temporary injunctions are valid for a limited period of time. The hearing for the permanent order must be set on or before the date the injunction ends. There could be a continuance of the order if the hearing is continued for good cause. During the final hearing, you will be able to appear to present your case, and the court will review the evidence to determine if an injunction is proper. This injunction could be permanent if it is granted.
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When you need dedicated legal representation, contact the Law Office of Ramon de la Cabada today.
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