Tallahassee Restraining Orders & Injunctions Attorney
Even when someone has not been convicted of a crime, accusers may still seek a type of injunction known as a restraining order against someone who has–or may–harm them. The targets of these orders may not even realize there is a legal proceeding against them until they receive notice of a temporary injunction. And at that point, the target may not understand their legal options and rights for challenging the restraining order.
If you find yourself in this position, your best course of action is to seek legal advice and counsel from an experienced Tallahassee restraining order attorney. At Luke Newman, P.A., we represent individuals who are targeted with petitions for injunctions related to dating violence, domestic violence, and stalking. We can help explain the law to you and outline your legal options for fighting back.
Temporary vs. Permanent Injunctions
Injunctions are issued by judges rather than juries. The process begins when the person seeking the injunction–known as the petitioner–files a petition with the court. The judge then has the authority to issue a temporary injunction based solely on the petitioner’s allegations. The court does not need to notify or hear from the defendant beforehand.
That said, if the Court decides to issue a temporary injunction, the judge must then schedule a hearing within 15 days. The target of the temporary injunction–the respondent–must be notified of the petition, the temporary injunction, and the hearing date. This gives the respondent a chance to answer the petition and present any evidence refuting the petitioner’s allegations. After the judge holds a hearing and considers all of the evidence, the court can either dismiss the petition or issue a “permanent injunction.”
A permanent injunction remains in effect until the court says otherwise. In some cases, the judge may set an expiration date for the injunction, although this can be extended upon the petitioner’s request. But if there is no expiration date, the respondent will have to ask the court to reconsider the injunction at a later date if they wish to be free of the restraining order.
Contact Restraining Orders Attorney Luke Newman Today
Restraining orders are an important legal tool that victims of violence and abuse can use to keep their attackers away. Unfortunately, it is also easy to abuse this process. Many of our clients have been falsely accused of certain misconduct by parties looking to get an injunction. For example, an estranged spouse in the midst of a nasty divorce may make false allegations of abuse to obtain a restraining order–and possibly the upper hand in settlement talks–against the other spouse. Or perhaps a vengeful person simply wants to make their ex’s life miserable by taking out a restraining order against them.
If you feel that you have been wrongfully targeted in this manner, it is critical that you stand up for your legal rights. We can help. To speak with an experienced restraining orders and injunctions lawyer today, contact Luke Newman, P.A., to schedule a consultation.