Whether you need protection from abuse or are defending against an unfair restraining order, our Melbourne injunctions lawyer helps clients navigate the injunction process. These legal matters are often urgent, emotionally charged, and carry serious consequences—both legally and personally.
Injunctions, also known as restraining orders, are powerful court orders that can protect individuals from harm. But they can also be misused, misunderstood, or issued without the full story being heard. That’s why whether you’re the petitioner or the respondent, it’s critical to understand your rights, your responsibilities, and the legal process ahead of you.
At DeGraff Hicks Law Group, we represent clients in Melbourne and more, providing personalized, strategic representation in all types of injunction cases—domestic violence, stalking, dating violence, and more. We work quickly to protect your safety, your rights, and your future.
Injunction hearings move quickly, and the stakes are high. Your safety, reputation, and future may be on the line. Don’t face this alone—contact us today at (321) 44-SHARK for a free, confidential consultation.
Why Choose Our Melbourne Injunctions Lawyer?
We have a proven track record of representing clients in injunction and restraining order hearings across Brevard County. Whether you’re seeking protection or facing accusations, we know how to navigate Florida’s legal system and aggressively protect your rights.
Here’s what sets us apart:
- In-depth understanding of Florida injunction laws and local court procedures in Brevard County.
- Skilled in both filing injunctions and defending against them.
- Experienced in negotiating and litigating in high-conflict domestic and civil situations.
- Focused on protecting your safety, your rights, and your future.
What is an Injunction in Florida?
An injunction, also known as a restraining order, is a court order designed to protect a person from threats, harassment, violence, or stalking. It restricts the accused person (the respondent) from contacting or going near the petitioner.
Once issued, an injunction in Florida is legally binding and enforceable statewide. Law enforcement has the authority to arrest someone who violates the order, even without a new act of violence.
Types of Injunctions We Handle in Melbourne
Florida law provides several types of injunctions, depending on the nature of the threat or relationship between the parties.
Our Melbourne injunctions lawyers are experienced in handling all of the following:
Domestic Violence Injunctions
Domestic violence injunctions are filed when the petitioner and respondent are family or household members and there has been physical harm or a credible threat.
Dating Violence Injunctions
Applies to individuals in a romantic or intimate relationship within the past 6 months, where violence or threats are present.
Sexual Violence Injunctions
Available to victims of sexual battery or lewd acts, even if no arrest was made. Can apply whether or not the victim knows the accused.
Repeat Violence Injunctions
Requires two or more incidents of violence or stalking, one of which must have occurred within the past 6 months.
Stalking Injunctions
Covers repeated, malicious following, harassment, or cyberstalking that causes emotional distress.
Filing for an Injunction in Melbourne, Florida
If you’re in danger or have been harassed, the law provides a way to seek immediate protection.
Here’s how the process works:
Step 1: File a Petition
You’ll need to file a sworn written petition with the Brevard County courthouse, explaining the incidents that led to your request.
Step 2: Judge Reviews the Petition
A judge may grant a temporary injunction the same day—without the respondent present—if there is evidence of immediate danger.
Step 3: Serve the Respondent
Law enforcement serves the temporary injunction and court date to the respondent.
Step 4: Final Injunction Hearing
Both parties appear in court to present evidence. The judge may issue a final injunction lasting weeks, months, or indefinitely.
Evidence You Will Need
This includes, but is not limited to:
- Police reports or medical records (if available)
- Photos of injuries or damage
- Text messages, emails, voicemails, or social media posts
- Witness statements or testimony
At DeGraff Hicks, our Melbourne injunctions lawyers help clients gather strong evidence, present their case clearly, and ensure all paperwork is properly filed.
Defending Against an Injunction
Being served with an injunction can be frightening and confusing, but you have legal rights. If the allegations are exaggerated, false, or unsupported by evidence, you still have the right to a fair hearing. A skilled Melbourne injunctions lawyer can challenge the basis of the injunction, present evidence on your behalf, and ensure your side of the story is heard.
An injunction can carry severe, long-lasting consequences, including:
- Inability to possess firearms
- Impact on employment and housing
- Public court record of alleged violence or harassment
Common Legal Defenses
These include, but are not limited to:
- False allegations or exaggerations
- Lack of credible threat or recent violence
- Violation of due process or lack of notice
- Insufficient evidence to meet legal standards
You must act quickly. The final hearing typically happens within 15 days of service. Our Melbourne injunctions lawyers help clients prepare their defense, gather evidence, cross-examine witnesses, and argue for dismissal or modification.
How an Injunction Can Affect Your Life
Whether you’re the petitioner or the respondent, the outcome of an injunction hearing can shape many aspects of your life:
Criminal Record and Background Checks
While an injunction is civil, it can appear on background checks and influence future criminal or civil proceedings.
Firearm Possession
Federal and state laws prohibit respondents from possessing firearms if a final injunction is in place.
Housing and Employment
Landlords and employers may view injunctions negatively, even if unproven.
Custody and Visitation
A domestic violence injunction can directly affect parenting plans, custody, and visitation rights.
Don’t risk these outcomes without experienced legal representation from our Melbourne injunctions lawyer.
FAQs About Injunctions in Melbourne, Florida
Below are answers to some of the most common questions about injunctions in Florida, from how they work to what they mean for your rights and future.
How long does an injunction last in Florida?
A temporary injunction lasts until the final hearing. A final injunction may last for a set time (e.g., 1 year) or indefinitely, depending on the judge’s ruling.
Can an injunction be modified or removed?
Yes. Either party can request a modification or dissolution, especially if circumstances change.
What happens if someone violates an injunction?
Violating an injunction is a criminal offense, punishable by jail time. Even indirect contact—like a social media comment—can lead to arrest.
Do I need a lawyer for an injunction hearing?
Technically, no—but we strongly recommend it. A Melbourne injunctions lawyer can help you gather evidence, prepare your case, and protect your rights in front of the judge.
Talk to a Knowledgeable Melbourne Injunctions Lawyer Today
If you’re considering filing an injunction or have just been served with one, don’t wait. The clock is already ticking, and these hearings move fast.
We offer free, confidential consultations, and we’re available on short notice to help you take control of your situation. Whether you’re seeking protection or defending your name, our Melbourne injunctions lawyers and legal team are here for you.
Contact us at (321) 44-SHARK now to schedule your consultation. Or fill out our online form and we’ll get back to you promptly.
