There are many forms of injunctive relief available in Florida. An injunction is a court order telling someone to do something or preventing someone from doing something. Injunctions can be found in Florida Statute Section 741.30. There are 3 types of injunctions: temporary, preliminary, and permanent. There are 4 kinds of civil injunction petitions that can be filed with the Clerk of Court in your county: domestic violence, sexual violence, dating violence, and repeat violence. Generally, the most common are domestic violence and repeat violence. Regardless, the Tampa attorneys of Hackworth Law have experience handling all types of injunctions and the hearings associated with them.
A temporary restraining order (TRO) is a short-term order issued BEFORE a court hearing. TRO’s are issued at the beginning of litigation and generally are for issues that are time-sensitive and cannot wait for a trial (i.e.- protection against bodily harm). These most commonly occur when the petitioner have a significant fear from bodily harm.
A preliminary injunction is a court order issued early in a lawsuit. Like a temporary injunction, its purpose is for immediate relief. It prohibits a party from engaging in the actions that are currently in dispute until there is a final court judgment. When granting a preliminary injunction, the court looks at the likelihood of success for the plaintiffs, the public interest, the hardships for and against the plaintiff, and potential irreparable harm without the injunction. These occur in civil suits and are not associated with domestic or repeat violence.
A permanent injunction is a court order, AFTER an evidentiary hearing/trial, ordering a party to cease certain acts permanently. For a permanent injunction, the petitioner/plaintiff must show that an underlying harm exists. To get advice on an injunction, contact the experienced attorneys of Hackworth Law for a free consultation. Our attorneys have experience preparing injunctions for judicial review, attending and conducting the hearings and even more importantly defending folks in the hearings.
It is also important to note injunctions have long lasting implications on your professional and personal lives. Contact our office today if you are seeking an injunction or if you have been served with an injunction. We look forward to working with you.