What Is an Injunction Hearing?

What is an injunction hearing? Many people wonder this question, and while you may be familiar with many of the terms associated with this type of court hearing, you may still be asking what takes place during each stage of the process. If you are currently facing a date in court for an injunction hearing, you should contact an experienced restraining order attorney right away. An experienced lawyer will know how to best form your defense.

Individuals are often surprised to learn that a restraining order or injunction appears on their criminal record. Employers or landlords who run a background check will be able to see these charges and the restraining order, and it can have long-lasting and profound impacts on your life. Learn answers to the questions such as what is an injunction hearing, what happens if there are problems with your case, and the best possible defenses available to you here.

What Is an Injunction Hearing?

When a person files a legal motion to receive a restraining order or injunction against you, the courts will often grant them a temporary order of protection and set an official hearing date to determine the long-term status of the restraining order at a later time. It is at this hearing that you have the opportunity to appear and to fight your case with the help of an attorney. It is not likely that you will be present when the opposing party files for the initial order of protection and you will only become aware of the restraining order when a sheriff's officer serves you with papers.

It is important that you appear for your injunction hearing, as this will be your only opportunity to plead your case. This is particularly important if you share a residence with the opposing party or have children together, as this is when a judge can either dismiss the injunction or uphold the order of protection.

If the judge does decide to uphold the injunction you may have to find a new place to live and visitation with your children may become challenging. Similarly, you may have to change your daily routines or even find a new place of employment if your schedule puts you in close proximity to the person filing against you. Moving forward it will be your responsibility to adhere to the parameters of the restraining order if a judge decides to continue to motion, and not the responsibility of the opposing party. This can put you in a tedious situation.

At an injunction hearing, your lawyer can present facts in your defense that show a judge why they should not continue the order of protection. This can help you avoid having a criminal record and will allow you to continue the activities of your daily life without disruption. It is at this time that your accuser will have to present their full evidence to the judge and prove that it is more likely than not that you pose a threat to them or their dependents. While criminal cases center on the premises of proof "beyond a reasonable doubt" this is not the case with an injunction hearing. The opposing party must only prove that it is more likely than not that you pose a physical threat or are harassing them.

What Happens If I Don't Appear at an Injunction Hearing?

There are several possible outcomes if you choose not to appear at an injunction hearing after the court serves you with papers. First, your accuser may fail to appear as well or may fail to present enough evidence against you. If this is the case, the judge may drop the order of protection.

However, you should never assume that this will be the case. Injunctions are a big deal and they should always be taken seriously as they can impact many other aspects of your life.

Another possible outcome of failing to appear at an injunction hearing is that the judge may side with your accuser and may grant the opposing party a permanent restraining order against you. If this is what happens, the restraining order will go on your permanent criminal record. Even if you do not appear at the hearing and are not there to hear the final ruling if you break the guidelines of the restraining order and contact the opposing party following the hearing law enforcement may arrest you, and you may face criminal charges. This can happen even if you are unaware of the ruling. For this reason, it is imperative to attend an injunction hearing and to have a criminal defense attorney in South Florida present evidence on your behalf. You may also have character witnesses testify for you or eyewitnesses who may invalidate the claims of your accuser.

Additionally, it is crucial to know that if the date of your injunction hearing has passed and you are dealing with the ramifications of a restraining order that there are steps you can take to rectify the situation. With the help of an experienced restraining order lawyer, you can make a motion for another hearing to present evidence to the judge.

Best Defense Against a Restraining Order in South Florida

If a person files an order of protection against you, do not lose hope. Contact an attorney immediately to begin working on your case–there are defenses available to you. The best defenses include the testimony of other witnesses, character references, and any e-mails, text messages, voice mails, or other forms of communication you have records of taking place between the opposing party and yourself. If your attorney can prove to the courts that your accuser is not afraid of you and willingly engages with you on a regular basis, you may stand a good chance.
Similarly, casting doubt on the evidence that your accuser presents may be a defense tactic employed by your attorney. It is never a good idea to face an injunction hearing without legal help.

An attorney who is familiar with the process of injunction hearings will best know how to prepare a case that proves your innocence, therefore sparing you from the unpleasant consequences of having a permanent order of protection granted.

Contact an Attorney Today

If you have an upcoming court date for an injunction hearing or failed to appear for a previous injunction hearing and now wish to address the issue, contact a criminal defense attorney in South Florida today.

An experienced lawyer will be able to answer questions such as what is an injunction hearing, what might happen at your specific hearing, and the next steps that you should take. Don't face the courts alone, legal help is available to you.