A Daytona Beach Injunction can permanently restrict many of your rights. Do not risk it by handling your case without an injunction attorney. An injunction in Daytona Beach is handled in civil court. An injunction is when a person seeks to have a court order for protection. The injunction procedure in Florida is complex and can move quickly. If you are defending against an injunction in Daytona Beach or the surrounding areas you will need to move quickly to find an injunction attorney to fight against these serious allegations. An attorney can get extensions of time to prepare for the final hearing, can take depositions and obtain witnesses who are favorable to you. Additionally, an experienced Daytona Beach injunction defense attorney can discredit witnesses, find inconsistencies in stories, by cross examination. However, most important of all, our Volusia County injunction defense attorneys might be able to get the petition dismissed based on legal errors. Many petitions contain flaws that when challenged by an experienced Daytona Beach restraining order attorney can result in the case being dismissed. This is more common when the petitioner is not represented by an attorney. Hiring an attorney can give you a significant advantage over an unrepresented party. If the accuser already has an attorney than going it alone means you are the party that is at a disadvantage. Contact Attorney Kevin J. Pitts and Kelly Johnson to level the playing field at 386-451-5112.
Do Not Try To Get Through An Injunction Hearing On Your Own!
So what happens if you lose the injunction hearing?
You Can Lose Your Rights
If a final injunction for protection is granted against you in Florida, serious consequences can result including the following:
- An injunction will show up on your criminal record background check. Despite the fact that an injunction is a civil proceeding, it will be on your background check and is visable to potential employers, landlords, scholarships, or an organization, including youth sports leagues that run you for a criminal record.
- The injunction is enforceable nationwide.
- You will not be able to buy a firearm or weapon, and you would be required to surrender any firearms or weapons you own. This is not limited to handguns and includes hunting rifles.
- The court can compel you to not only move from your house if you live with the person who is seeking the injunction but also stay a specified distance away from your house.
- You could be prevented from having unsupervised visitation with your children or in some cases any contact with your kids.
- If the petitioner is a co-worker the no contact order could cause you to lose your job or be forceing you to get another job.
- The court may on its own award child support without a full hearing on the matter, and that child support order can become permanent.
- Further contact after the injunction is entered can result in arrest for offenses ranging from violation of a protective order, stalking, and possibly even a felony for aggravated stalking.
- If you have a professional license, you may be required to report the entry of the injunction and you may face discipline depending on the allegations of the petition.
- If you are a member of the military you can be confined to quarters while not on duty, be kicked out of military housing, or have other restrictions placed on you.
- If you are not a citizen of the United States, you could be deported or prevented from getting citizenship.
- Your testimony can be used against you in criminal, civil or divorce cases.
- The injunction can be used as a weapon against you by your accuser. As little as a sworn affidavit by the accuser saying you violated the injunction could result in you being arrested. If the injunction is permanent then this could happen years after the injunction is put in place.
The effects of an injunction being entered against you goes far beyond simply not being able to be near the person who filed the petition. An Injunction can change your ability to see or have relationships with your spouse, boyfriend/girlfriend, children, family, friends, and neighbors. Unlike in a criminal proceeding, you do not have a right to have an attorney or public defender in an injunction proceeding. You are allowed to hire an attorney to fight for your rights. Representing yourself puts you at a huge disadvantage, Being the only one with a lawyer may tilt the balance of power in your favor. For many people the injunction hearing is their first time in court for an injunction and it might be their first time in a courtroom. With our experienced Daytona Beach injunction attorneys and former prosecutors you can be sure that we know what to do in a courthouse.
Kelly Johnson and Kevin J. Pitts are both former Florida prosecutors. Attorney Kevin J. Pitts handles criminal defense and domestic violence cases. Attorney Kelly Johnson handles criminal defense, domestic violence, injunctions and divorce cases. Call today to set up a free consultation with our attorneys at 386-451-5112, Offices in Daytona Beach, Sanford and Mount Dora.