It often comes as a surprise to clients that in the Sunshine state, temporary injunctions for protection (also commonly known as “restraining orders”) can be pursued – and obtained – solely based on the unilateral accusations of the person seeking one. That means the claims are one-sided, and one can be entered against you before you even have your day in court. In fact, the court has 15 days to set a hearing where your side will be taken into account. Before that deadline, there is no requirement that you be apprised of the allegations against you or that you be given the right to cross-examine any witnesses about what happened. In some cases, courts may even extend a temporary injunction beyond those 15 days for “good reason.”
Despite this, temporary injunctions are part of public record. That means anyone can look them up and review them: Employers, landlords, ex-spouses, airlines, firearm retailers, etc. Though they might not hold as much weight as permanent injunctions, temporary injunctions can absolutely impact your ability to land (or keep) certain employment, access certain housing options, your ability to travel, your ability to carry a firearm, and your pending divorce/child custody case.
Because of the severity of these consequences – now and well into the future – it is imperative that anyone fighting a Florida temporary injunction hire a criminal defense lawyer with extensive experience specifically in the area of domestic violence law.
Temporary Injunction Procedure
As our Broward domestic violence defense lawyers can explain, the burden of proof for temporary injunctions in Florida is much lower than what is required to establish guilt in a criminal case. Continue reading