Orlando Injunctions Lawyer

» Whether you’re defending your rights against a restraining order or need assistance in filing an injunction for protection, our award-winning attorneys are here to help. The Law Offices of Matthews R. Bark, P.A. has an exceptional record in representing both those accused of domestic violence, and those seeking injunctions or restraining orders throughout central Florida. We have the experience, tenacity, and skill needed to conquer any legal challenges to enforce our clients’ rights and safeguard their futures.

» Contact us today for a complimentary, confidential consultation.

What Our Clients Say

Heather C. | February 2020

If you need an injunction and want to make sure you have multiple layers of protection, Mr. Bark can cleverly design a multi-layered plan to help keep you safe. Both he and his staff are excellent and bring an understanding compassion to every interaction. If you need a lawyer, I understand it’s probably a dark time for you and scary. Don’t try to navigate those waters alone. I’m happy to have a resolution.”

Rating:
5/5

Melissa C. | Aug. 2020

“Mr Bark and his staff was absolutely amazing. When I came to him I was so lost and scared not knowing what was going to happen in my future. Not only was he attentive to my case he never took more time then what was necessary. I felt comfortable and confident after I hired him to represent me. I would recommend him to anyone that needs representation in the future.”

Rating:
5/5

Mike W. | March 2020

“This is a very professional firm with countless years of experience. I am very happy with my outcome and as Mr. Bark does amazing work in the Seminole county area. You could tell that the prosecution have a great amount of respect for him and his abilities and as a result, I didn’t even have to go to trial. He was highly recommended to me for good reason. Worth every penny.”

Rating:
5/5

What is an Injunction for Protection in Florida?

According to Florida Statute 741, an injunction or a restraining order is an order issued by the court, ordering the individual named to avoid having contact with another person. In many cases, these injunction orders contain allegations that could be exaggerated or false. As such, you need to seek an experienced criminal defense lawyer’s representation to show to the court why they should deny an injunction order.

What Happens if you Don’t Respond to a Petition for the Issuance of an Injunction Order?

A petition filed without the respondent or defendant submitting his answer in time shall be ruled ex-parte, meaning the court will grant the order without waiting to hear from the respondent. This means that you’ve failed to enforce your rights to face your accuser and defend yourself in court. Once the order is issued, it will immediately go into effect, and the court will order you to follow its conditions. If the respondent fails to reply in time, any subsequent action on the respondent’s part shall be deemed moot by the court.

Your Free Consultation

To arrange a free initial consultation, please call us today at 407-865-8888. We are committed to providing your case the attention that it deserves. All phone calls are answered quickly and answers are readily available.

Orange County Criminal Court House Florida

How to Counter an Injunction Petition

To counter an injunction petition filed against you, you’ll have to deny and disprove allegations provided in the petition. The injunction petition may contain exaggerated or false statements asking the court to grant the petitioner’s request. If you’re the respondent, you have to provide facts and evidence to show that the other party’s assertions are false. Only when you can provide sound and convincing evidence to the court will you be absolved from a restraining order filed against you. Our top-rated criminal defense lawyer can help guide you through the complexities of restraining orders and injunctions. Call now at 407-865-8888 for your free consultation.

Different Types of Protection Injunctions

This injunction petition alleges domestic violence and seeks temporary relief from the respondents who are allegedly the cause of the said violence. This civil action is available to any person (both petitioner and respondent) who satisfies any of the following requisites:

  • Presently living together;
  • Has lived in the same dwelling in the past as family members or as people in an intimate relationship;
  • Related to each other by blood or marriage; or
  • Have a child together, even if they never lived together.

This is another type of restraining order that alleges the commission of repeated acts of violence by parties that are not related by blood, living arrangements, or marriage. This petition could either be final or temporary and is available to any petitioner that alleges to be a victim of such felonies as battery or assault for at least twice within the past six months.

This type of injunction is one that’s filed if the respondent and petitioner currently have or are still having a significant or romantic relationship. The following three factors determine the appropriateness of the injunction:

  • The fact that the dating relationship happened within the past six months from the date of the filing of the injunction;
  • That their relationship is predicated upon the fact that one is expected to receive affection or sexual involvement from the other; and
  • The interaction type and frequency are based on the party’s involvement with each other continuously during the course of their relationship.

Stalking is described as a malicious, intentional, and repetitive following or harassment of another person. In this kind of offense, the aggrieved party can file for a stalking injunction by alleging all the instances wherein the respondent caused severe emotional distress to the petitioner. The kinds of stalking defined in this injunction also include cyberstalking, or direct communication with the complainant through email, texting, and other electronic means.

This injunction is filed when the respondent is accused of committing lewd acts against minors, sexual battery, and attempted sexual violence as incidental to a forcible felony. This action is available even if there’s no separate legal action filed against the forcible felony and even if the chase has already been dismissed.

What Happens When a Person Violates an Injunction Order?

The court issues an injunction order after they weigh the facts and evidence submitted by both parties. Once the court issues the injunction order, it immediately goes into effect. Violating an injunction order is an offense that warrants serious consequences, including but not limited to criminal charges.

Under FL statute 784.047, violating an injunction order occurs when an individual violates a condition in the order, such as refusing to vacate their shared dwelling or being within 500 feet of the petitioner’s residence, school, or place of employment. Violating the order is a misdemeanor of the first degree and is punishable under FL Statute 775.082 or 083 by a fine of $1,000 or higher. In Florida, it’s a crime to possess a firearm or a single round of ammunition if a domestic violence injunction has been ordered against you, as stated in FL Statute 790.233. Possessing a firearm while an injunction is ordered against you is a misdemeanor of the first degree.

If a convicted felon, one who has been convicted of violating two or more injunction orders in the past, violates an injunction, they will be subject to harsher penalties and fines.  FL Statute 784.047 details that the violation committed becomes a felony in the third degree and punishable with a fine of $5,000 or more. Don’t let a potential injunction violation ruin your life and career. There are options available for you; let our expert attorneys help guide you to the best resolution possible—Call 407-865-8888 for your complimentary consultation today.

Consult With Expert Injunction Lawyers Today

Don't hesitate to protect your rights and seek expert representation. When you’re faced with a situation where your name and dignity is at stake, choose wisely and seek the help of our seasoned injunction lawyers at the Law Offices of Matthews R. Bark P.A.

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