Tampa, Florida

Injunctions for Protection

Injunction for Protection

Tampa Domestic Violence Lawyers

An injunction is an order by the court, issued by a judge that restricts one person from having contact with another person. In many states it is referred to as a restraining order, but in the state of Florida, it is called an injunction. The purpose of an injunction for protection is to give the victim (petitioner) emergency protection and to stop any further abuse. The injunction may be issued if a person currently is the victim of domestic violence or has cause to think that she or he is in immediate danger of becoming the victim of domestic violence.

Though you are not bound to have an attorney for you to request a domestic violence injunction, it is your right to do so. Our Tampa domestic violence attorneys at Givens Givens Sparks can assist you with filing your injunction. Our attorneys know domestic violence law and have over 135 years of collective experience with injunction for protection cases. We can help you by appearing on your behalf in court hearings, and give you both the legal and emotional support you need during this extremely stressful time. It is possible for you to represent yourself when seeking an injunction for protection, but it is probably best if you do have an attorney representing you, as your abuser may have a lawyer. If there are child custody concerns, things can get complicated.

Speak with us in a free consultation. Call (813) 518-7941.

When Should I Seek an Injunction for Protection?

You should seek an injunction for protection in the following situations:

  • If you or a family member is being threatened in any way
  • You feel you are in impending danger
  • If you have already been a victim of violent acts by this individual
  • If you have children you want to protect from the violent acts of a relative or family member

Our firm will do everything possible to help keep you and your family members safe. We are committed to supporting you through these difficult times. You will get through this and we would like to help you do so.

What Happens After a Domestic Violence Injunction is Filed

Some of the consequences that occur once the order is approved are:

  • You are required to leave the residence that you share with the other person.
  • You may not be allowed to be within 500 feet of the petitioner’s home, workplace or school, or any place regularly gone to by the petitioner.
  • You may not come within 100 feet of the petitioner’s vehicle.
  • You may be kept from seeing your children for weeks or months.
  • You may lose custody of your child.
  • You may not be allowed to see your children without someone there to supervise and monitor the visit.
  • You may not be allowed to contact or communicate with the petitioner.

At some point, these restrictions may become permanent at the discretion of the judge. If you have been the victim of domestic violence, filing a domestic violence injunction may be very desirable to you.

How to File an Injunction for Protection Against Domestic Violence

Domestic violence is not just a matter of visible bruises and bodily harm at home. If your home life has been overshadowed by violence or threat of violence, you must take a serious look at whatever is necessary to bring peace and safety to your children. This can include filing an injunction for protection. An injunction is an official court order to stop doing something, which in this case can be violence or threat of violence. Our Tampa domestic violence attorneys know the law and procedures to get the filing done on your behalf and to stand by you throughout your family crisis.

There are several things to know and help your attorney with when getting a domestic violence injunction filed, such as:

  • A request for injunction must show clearly that court intervention is necessary.
  • The admissible evidence must line up with the facts of the case.
  • Be efficient with the court’s time by answering all your attorney’s questions so he or she is well informed and injunction petition preparation is complete.
  • Cooperate with your attorney because your involvement is necessary for the filing.

Types of Domestic Violence Injunctions

Domestic violence injunctions are orders to cease doing or continuing things that specifically come under the heading of domestic violence. They can be issued under several headings, and these have different time frames and uses. They include:

  • Temporary Injunctions – where a court orders an injunction which lasts only as long as a trial is ongoing or until other action is taken by the court.
  • Permanent Injunctions – often issued following the completion of trials where a temporary injunction had been issued which now needs to be extended indefinitely.
  • Injunctions Against Dating Violence – related to ceasing any violence or similar activity in a dating or courtship relations. These can also include violence or threats in the categories of sexual assault, verbal abuse, mental abuse, emotional abuse, or physical violence.

Call (813) 518-7941 to speak with our team today.

Case Results

  • Family Law Case - Child Custody

    Givens Givens Sparks trial attorney, Kelly Candela, successfully litigated a family law case in which a child was nearly removed from her mother’s custody and given to the child’s alleged father, although the father had not yet established paternity. Candela filed a written response on behalf of her client (the mother) alleging fraud by the father and had the pick-up order set aside before custody was transferred to the father. The practical result was to allow the mother and child stay in their home state (not Florida) pending the resolution of the case. The Court agreed and granted Candela’s client custody.

  • Family Law Case - Child Custody

    Givens Givens Sparks trial attorney, Kelly Candela, successfully litigated a family law case in which her client filed a Petition to Establish Paternity, and the mother was served. After being served, the mother fled the state with the child. Candela filed an Emergency Motion for the immediate return of the child, and at that hearing, which was granted on an emergency basis, the mother was forced to turn the child over to the father, giving the father sole custody of the child pending the ultimate resolution of the case.

  • Family Law Case - Relocation

    Givens Givens Sparks trial attorney, Kelly Candela, successfully litigated a family law case in which her client (the father) accused his child’s mother of relocating the child out of state without the consent of the child’s father. Candela was able to obtain a court order to return the child to the state of Florida and to remain in her client’s care while establishing permanent custody and timesharing plans. After Candela’s successful litigation of the case, the Court ruled that the mother’s Petition for Relocation was denied, and that the child shall live primarily with Candela’s client in Florida, with summer and school break schedules allotted to the mother.

  • Family Law Case - Timesharing Violation

    Givens Givens Sparks trial attorney, Kelly Candela, successfully litigated a family law case in which her client was accused of violating a timesharing schedule agreed upon by both parental parties at the time the couple was divorced. The client’s child’s mother claimed that Candela’s client did not return the child for holiday timesharing at both Christmas and Easter. Candela had sent formal correspondence to the child’s mother regarding the dispute over the interpretation of the timesharing schedule, and when she did not agree, the father kept the child. The Court agreed with Candela’s interpretation of the timesharing schedule and found that her client was not in contempt for either holiday.

  • Family Law Case - Unilateral Medical-Related Decisions

    Givens Givens Sparks trial attorney, Kelly Candela, successfully litigated a family law case in which she filed a Motion for Contempt on behalf of her client against the mother of his child for making unilateral medical-related decisions for the minor child without his knowledge. The Court agreed that the mother was in violation of the final judgment of their dissolution of marriage and held her in indirect civil contempt. The Court also ordered that the treatment in question cease immediately and that the mother be solely responsible for any and all costs related to that treatment. Furthermore, the Court ordered that the mother was not to make any unilateral decisions in the future and was to notify the father of any future appointments so that he could be present either over the phone or in person.

Client Testimonials

  • "I feel exceptionally fortunate having been referred to you."

  • "Rob has proven his extraordinary talent, perseverance, vast knowledge of the law, along with his professional demeanor and his ability to communicate and listen well."

  • "Your expertise, knowledge and professionalism put me at ease while you handled my out of state matters."

  • "I will be forever grateful for your assistance, understanding & concern on my divorce."

  • "Know anyone with the same amount of class, ethics and thoughtfulness and ability to execute as you?"

  • "The times we have with our granddaughter are a constant reminder of Rob’s highly effective work."

  • "Going through a divorce is a very traumatic event, but you all make your clients feel cared for and the trust factor is definitely felt."

  • "I would recommend them 200% to anyone who has to go through a divorce."

  • "I truly appreciate your brilliant legal minds and your professional protection of my desires and interests as pertaining to my home."

  • "If I ever have a friend who's going through a divorce, you will be the only name for me to recommend."

  • "Mr. Givens assured me that he was placing my needs in very good hands. He was correct because we are in a much better place because of your efforts."

  • "Stann is an intellectually gifted, highly motivated, knowledgeable attorney. He was truly a 'master negotiator.'"

  • "Rob, Thank you for your assistance and guidance throughout my divorce process. I will certainly recommend you to others seeking legal support."

  • "I appreciate you both always taking the time to answer all of my questions"

  • "Your joint efforts and hard work have finally brought a son and father together."

  • "Your guidance and wisdom has truly guided me through this difficult process that I can now put behind me."

  • "His research, preparation and professionalism is noteworthy in every aspect."

  • "Rob, I wanted to say THANK YOU for all of the time, effort and hard work you put into my case! Without your assistance, Madison would not be here with us in South Florida."

  • "Your guidance and wisdom has truly guided me through this difficult process that I can now put behind me. "

  • "His research, preparation and professionalism is noteworthy in every aspect. You have a brilliant attorney on your team."

  • Paula, thank you so much! You have been a true pleasure to work with through this difficult process. I really appreciate it.

  • "Rob, Thanks again for all of your help through this process. You and Paula have both been great."

  • "Ellen, this comes with sincere gratitude for a job well done. You have restored my faith in your profession. Thank you for always acting in my best interest."

  • "Ellen, I could not have been more fortunate in my legal representation!"

  • "I am very happy that I selected your firm and would not hesitate to give my highest recommendation."

  • "Rob, I wanted to say thank you for all your efforts in getting this agreement settled."

  • You have been wonderfully amazing. Thank you for everything. So grateful.

Get In Touch

At Givens Givens Sparks, your family is our family. As such, we promise to fight for each client and voraciously protect their best interests. Facing a family law issue? Get in touch with us to learn how we can help!

  • Please enter your name.
  • Please enter your email address.
    This isn't a valid email address.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please make a selection.
  • Please enter a message.