Polk County Criminal Injunction Lawyer

Aggressively Fighting to Prevent Abuse of the Injunction System

When a criminal defense lawyer works with a client, their primary goal typically focuses on avoiding conviction. However, few people realize that their legal counsel can do much more. This is especially true for individuals facing a restraining order or criminal injunction. These orders directly hinder the rights of the individual targeted in them. This can be done on the scene of a call by a law enforcement agency or by judges following a hearing. Regardless of the underlying circumstances of your situation, a Polk County criminal injunction lawyer may be able to help.

At The Law Firm of Gil Colón, Jr., our dedicated team of criminal injunction attorneys understands how to make Florida law work for you. It’s unfortunate, but some people abuse the injunction system to obtain an illegal and unfair advantage in legal matters. This abuses the legitimate purpose of such a court order and can result in legal outcomes that are not in the best interest of justice. If you believe you have become the target of bad faith or unjust injunctions, a criminal injunction attorney can advise you moving forward.

Contact our law firm today for your free consultation.

What Is a Criminal Injunction?

In Florida, a criminal injunction is a court order that legally restricts or prohibits a person from engaging in certain actions. These actions typically relate to contact or behavior toward another individual. Such orders usually stem from cases involving alleged domestic violence, harassment, sexual violence, or other criminal conduct where an alleged victim seeks protection. Unlike other states, Florida does not use the term restraining order. Instead, such an order is known as an injunction for protection. Of course, the terminology matters less than the underlying effect.

Even when criminal charges have not led to a conviction, a criminal injunction can result in the following:

Restrictions on movement (e.g., staying away from the petitioner’s home, workplace or school)
Loss of firearm rights under federal and Florida law
Potential criminal charges for violations of an injunction
Public record of the injunction, which may impact employment or housing opportunities

Legal professionals ranging from criminal defense lawyers to family law attorneys see these outcomes frequently in their cases. Such outcomes are expected in the criminal justice system. Still, they can also significantly affect family law issues since a judge will consider criminal matters when making decisions. It’s not unheard of for individuals involved in a divorce to levy false allegations that domestic violence occurred to secure a favorable outcome in divorce, child custody, and other family law cases. Unfortunately, many people don’t know how to respond to such unfair allegations.

At The Law Firm of Gil Colón, Jr., our criminal injunction lawyers in Polk County can help guide you through the difficulties ahead. Contact us today to schedule your free consultation.

What’s the Difference Between a Permanent and Temporary Injunction?

Florida injunctions for protection and restraining orders in other states have several similarities, but the most important may be the types of orders available. Both a permanent and temporary protective order can have the same restrictions, but the process of obtaining them and the length of effect can differ. A temporary injunction involves a judge issuing an order without the accused (i.e., respondent) present. The petitioner typically presents immediate evidence of danger or harm, and without a full hearing, the judge issues an order that lasts 15 days or until a full hearing occurs.

Once a full hearing takes place, a judge may issue a permanent injunction. They’re often more restrictive than temporary orders. However, the courts may also decide that there’s insufficient evidence. Such a finding will result in the dismissal of the temporary injunction. This does not mean that the accused will not face charges for a criminal offense, and a court’s order of protection does not mean the accused will face conviction. These are all complex legal issues under Florida statutes — particularly for the falsely accused.
Fortunately, you don’t have to figure out these issues alone. Our Polk County criminal injunction attorneys are here to help.

Can a Criminal Injunction for Protection Be Removed or Modified?

Since permanent injunctions often include firearm prohibitions, travel restrictions, and strict no-contact orders, they can be incredibly disruptive to a person’s life. Therefore, it’s no surprise that so many targets of these orders seek to remove or modify them. Such modifications are allowed under Florida law. Even individuals facing allegations as serious as sexual assault, aggravated battery, or any other major criminal charge can petition the court to modify or remove the order.

Once the petition is filed in court and leads to a hearing, it will be up to the accused to prove that the courts should remove the order. Perhaps their alleged victim of domestic violence has recanted, or maybe the supporting facts show that the underlying allegations were not true. Regardless of why you believe the courts should remove the order, you need an attorney with extensive experience in these cases. You’ll find that at The Law Firm of Gil Colón, Jr.

Our criminal injunction lawyers in Polk County, Florida, are here to help. Contact us today.

Contact a Polk County Criminal Injunction Lawyer Today

Dating violence, aggravated stalking, repeat violence, false imprisonment, and any other serious crime committed in Florida must have consequences. However, the law is very often strict and unmoving — frequently resulting in outcomes that are not in the best interest of justice. A protective injunction plays an important role in the judicial system, but such a court order cannot be used in a “one size fits all” manner. Every case is different, so you need to have legal counsel on your side who can advocate for the best outcome on your behalf.

At The Law Firm of Gil Colón, Jr., we have been providing professional domestic injunction services to clients for years. We offer legal representation to those who need a protective court order and those who face unfair injunctions due to attempts to gain unfair and illegal advantages in the system. Once you establish an attorney-client relationship with our law firm, you’ll have a Polk County criminal injunction lawyer on your side who will not stop fighting for a fair outcome. Whether you’re facing a permanent or temporary order, we’re here to help.