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Orlando Criminal Attorney > Blog > Criminal Defense > Dos and Do Not’s When Served with an Injunction

Dos and Do Not’s When Served with an Injunction

In Florida, a person can petition the court for an injunction when they fear they will become a victim of domestic violence, such as kidnapping, aggravated assault, or sexual battery. An injunction is essentially a restraining order that prevents the person named within it from contacting the individual that petitioned the courts for it. It is not uncommon for individuals to ask the court for these injunctions after a relationship has come to an end and they are feeling angry and frustrated.

Still, even if you know you are innocent and never had any intention of hurting the petitioner, it is important to know what to do and what not to do so you do not further hurt your case. Below are the most important do’s and do not’s after being served with an injunction.

Do Not Contact the Petitioner

Whether you want to ask the petitioner why they filed the injunction, or ask them to drop it altogether, it is of the utmost importance that you do not contact them in any way. Judges will only award someone an injunction if they believe that person is truly in danger. Regardless of whether there is any truth to that, if you do contact the petitioner, you will be in violation of a court order and will face serious consequences. Even if the petitioner tries to contact you, ignore them and do not try to send them messages through a third party.

Do Comply with All Terms Outlined in the Injunction

An injunction will prohibit you from contacting the petitioner, but it may also have other orders included in it, as well. For example, if you and the petitioner have children together, the injunction may prohibit you from contacting them, as well. Again, it is vital that you comply with all terms of the injunction because if you fail to follow a court order, you will face harsh penalties.

Do Not Possess Any Ammunition or Firearms

While the injunction is in place, it is illegal to possess any firearms or ammunition. It is also illegal to transport firearms or ammunition. If you have any of these items in your possession when you are served with the injunction, ask another person to hold onto them until the injunction period is over. Due to the fact that you are prohibited from transporting them, also ask them if they can come to your home, office, or anywhere else the firearms or ammunition are and retrieve them.

Do Speak to a Criminal Defense Lawyer in Orlando

After being served with an injunction, you may feel scared and unsure of what to do next. One of the first and most important steps to take is to speak to an Orlando criminal defense lawyer. At O’Mara Law Group, our skilled attorneys can advise on the next steps to take and prepare the best possible defense for your case. Call us today at 407-634-6604 or fill out our online form to schedule a consultation and to learn more about how we can help.

 

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.28.html

 

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