An Injunction for Protection often called a restraining order, is a court order that is signed by a judge ordering the specified party in the petition to not have contact with the petitioner or to harm them mentally or physically. It is a way to keep a person safe from violence or harassment.
When a neighbor is harassing you and you want to file for an injunction, it can be more complex than you think. Our attorney explains what you need to start the process to get an injunction. Â
Injunctions for Protection
Injunctions while serious, can also be complex and often difficult to prove without sufficient evidence. Most injunctions that are filed in Florida are for domestic violence situations, but anyone can file a petition if they feel they are in fear for their life or are experiencing harassment.
It is important to note that injunctions are a civil order, but if they are violated, they become a criminal matter and the violator can be arrested and prosecuted. It is best to work with an injunction attorney, to have their experienced and knowledgeable counsel available to file out a petition for an injunction with the Court.
The Injunctions Process
Once the petition is filed, you will be assigned a formal hearing date within a couple of weeks, where a judge will determine if the injunction should be granted or denied. The main cause of denied injunction requests is insufficient circumstances or evidence.
Insufficient circumstances may include: Â
- receiving telephone threats alone,
- excessive noise or arguments,
- unwanted, letters, emails, or phone messages even if it’s been clearly indicated no further contact is wanted.
If granted, the length of the injunction may vary and depends on the specific situation and severity. An experienced attorney can help you stay protected at home. If you have proof, police reports, and witnesses to the harassment, we can leverage that to help your injunction petition be granted. Contact our South Tampa, FL law firm today. Â
Harassment or Harm from a NeighborÂ
While there are 5 types of Injunctions for Protection, only two are really applicable to neighbor violence or fear of imminent harm. These are repeat violence and stalking.
Repeat violence needs two or more separate acts of violence, one of them being in the last 6 months. The acts need to be against the same person. Most often, this type of injunction is used to file against neighbors, friends, or co-workers.
A stalking injunction may be issued if someone is repeatedly and purposely following, harassing, or cyber-stalking you over a period of time and it causes substantial emotional distress. Aggravated stalking is when if in the course of the stalking, the stalker intentionally threatens and makes you reasonably fear for your safety or life.
In order to prove repeat violence, harassment, or stalking from a neighbor it is imperative to have strong, indisputable evidence.
A judge may overturn or outright deny injunctions due to lack of evidence or real knowledge of multiple events towards the same petitioner.
A great way to gather this evidence is by having security footage from security cameras, Ring doorbells, or even by cellphone recordings/photographs. Make sure to write down all dates and times of violence/stalking and keep any tangible evidence, such as letters. Calls to the police are not enough for an injunction to be granted.Â
Importance of an Attorney
An injunction is a serious matter for both parties involved and your safety and rights are our #1 priority. However, proving repeat violence and stalking is not always easy. Courts have denied injunctions for previous petitions that include insufficient circumstances.
At Stechschulte Nell, our skilled defense attorneys in Tampa can help make sure your petition for an injunction has the strongest chance of approval by the court. We can help protect you from your neighbor and review your video, photos, police report, and other evidence. If you have what you feel is indisputable evidence, contact us online or call us at 813-280-1244.
