When you are facing a restraining order or other injunction for protection, you need to understand your rights and legal options. When you dispute the validity of the petitioner’s grounds for obtaining an injunction and want to counter the order for protection, you should speak with a St. Petersburg injunctions lawyer who could aggressively defend your rights. Similarly, if you are facing criminal charges alleging you violated an order of protection, you should not try to fight this battle alone. Our team of two strong criminal defense attorneys could stand by you to help you through this legal challenge.
Injunctions are court orders that prevent one person, the respondent, from contacting the other person, the petitioner, or moving forward with a specific act.
Generally, courts issue temporary injunctions when a petitioner claims to be afraid for their own personal safety or the welfare of a relative because of the respondent’s actions or threats. To obtain a temporary order for protection, the petitioner must produce evidence showing the respondent is a threat to the petitioner’s safety. The petitioner can also show that the respondent is a threat to their close family member’s safety, such as when a parent pursues a restraining order against the other parent preventing them from having contact with their child because they suspect the other parent is physically abusive.
Temporary restraining orders are short-term legal actions to immediately prevent suspected violence. They generally last for up to 15 days, but the court can extend them.
After issuing a temporary injunction, a court usually schedules a hearing to determine whether to make the injunction permanent. The respondent can present arguments explaining why the court should not make the injunction permanent. Permanent injunctions do not expire after a set period. A respondent or petitioner can ask for a modification or termination.
Violating an injunction can result in criminal charges. Depending on the circumstances of the alleged violation, the charges can range from misdemeanors to felonies. Attorneys in St. Petersburg know how serious injunctions are and the impact they could have on a respondent’s life. They could fight hard for a successful outcome.
A well-versed lawyer in St. Petersburg could help a defendant get started on developing successful defense plans in an injunction case. They could carefully review the evidence and search for flaws. Sadly, some people fabricate evidence to get a restraining order to use it as an advantage in a divorce or custody lawsuit. If a respondent believes the petitioner lied, the legal team could comb through police reports, emails, texts, and surveillance videos to help prove there was no basis for an injunction. They could also interview witnesses to the alleged act and people familiar with the respondent and petitioner’s characters.
The experienced legal team also knows how to defend against an alleged violation of an injunction. For instance, if the respondent bumped into the petitioner in a public space, the attorneys could look for evidence proving that the contact and alleged violation was merely accidental.
Courts issue restraining orders to protect people who are afraid for their lives, so it can be difficult to prevent them or to defend against a violation. Therefore, it is critical to consult with a knowledgeable attorney as soon as possible. You do not have to and should not try to defend yourself alone. A strong St. Petersburg injunctions lawyer, who has a lot of litigation experience, could stand by your side and fight on your behalf. Reach out to the dedicated legal team today.