Stephen G. Cobb - Florida Criminal Defense Lawyer

BROWARD COUNTY ATTORNEY: DEFENSE AGAINST AN INJUNCTION FOR PROTECTION


In the state of Florida, you can apply for an injunction for protection in either civil or criminal court, depending on the situation. If you receive notice that you are being served with such an injunction, you will need to go to the court house to defend yourself, especially if you feel that it is unwarranted or unnecessary. (You will be asked to bring evidence showing that accusations are being exaggerated or are false).

A Broward County defense attorney will guide you through the process, including finding the best possible defense to the injunction. Of course, there are times where it is best not to fight the order and simply accept it as a non-criminal admonition to stay away from your accuser. You should be allowed to speak in court, during which time you can make everyone aware of the fact that you are not blocking the injunction for protection but that you are not admitting any guilt or wrong doing on your behalf either. If you are truly innocent of any of the charges leveled against you, it will be easy to comply with this order.

The first line of defense in these types of cases will certainly depend on who is leveling the charges. For instance, if this is an injunction for protection against domestic violence, the Broward County attorney in charge of your case may establish that there was never any real domestic violence ( criminal charges for instance) and that the injunction is being filed at the same time as filings for custody and child support took place. The motive for a vengeful parent is thus established making it harder for them to prove their case. (It is always the plaintiff or prosecuting side that must bring the burden of proof.)

If the injunction is one against repeated violence in the case of someone that you do not know or do not know well, it might be established that they have the wrong person in mind when they accuse you or that they have no proof that you have ever committed any acts of violence on their person. Be wary of trying to be too forceful in your denials or you may actually make yourself look even more guilty. Your Florida criminal law attorney will assist you in any situation you may find yourself in.

Stephen G. Cobb, Esq.

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