An injunction is a legal solution to a problematic situation that is imposed by the court. In simpler words, an injunction means that a party must refrain from doing something or has to do something to resolve a situation. If you need more clarity on what an injunction is, let us tell you more about it.
Let’s say your neighbors play loud music all night which disturbs your sleep. You go to them and ask them to turn down the volume or do it at another time so you can sleep peacefully. You think you have everything under control, but the next night, the scenario repeats itself. When verbal talks or negotiations do not resolve a problem, you can go to court and ask them to intervene. The court will issue its orders after hearing the case from both parties. This order is called a “court order.”
Court Order Requirements
When seeking an injunction, the court will require you to prove that irreparable harm will be done if the matter is not resolved. Irreparable damage means that it is so bad that no monetary support can bear the consequences. In addition, you must also show that there is no other remedy available for the problem. Once the court is convinced, it will grant an injunction.
Types of Court Orders
There are three types of precautionary measures:
1. Preliminary order
This type of court order is granted before the trial begins. The court is often reluctant to grant a preliminary injunction when the trial has not yet started. It is granted only when the court is satisfied that it is necessary and serious harm can be caused without the order.
2. Temporary Restraining Order
This type of mandate is extremely limited in terms of time and scope. It is granted when the court requires time to review the case and consider whether a preliminary injunction is necessary.
3. Permanent court order
Once the court has heard both sides and the trial is complete, the injunction that is granted is called a “permanent injunction.” Once granted, the offending party must immediately stop whatever was causing the problem or must find a different course of action.
Injunctions in Florida
Court orders are issued in Florida for five types of violence:
– Domestic
violence – Dating
violence – Sexual violence – Repeated
violence
– Stalking
– Obtaining a court order
At a Florida injunction hearing, the petitioner has to show the negative effect the offending action has on them. They have to bring all relevant documents to the court and testify. A petitioner may also need to bring witnesses who can testify on his behalf. The defendant may or may not be present. The respondent may even have a lawyer who can question him. Your attorney may cross-examine the defendant and any witnesses who are present to testify on the defendant’s behalf.
At the end of the day, it is the judge who decides whether to grant or deny an injunction.
Once the court order has been granted, the defendant is obligated to comply with the court order. Failure to do so may result in monetary penalties and jail time.
Court orders can ruin your future. For assistance with restraining orders, call +1 (305) 205-5926.
