Are you going through the difficult process of a divorce or dealing with domestic violence in your home? During these emotionally charged times, it’s important to stay safe and protect yourself and your family. One way to achieve this is by obtaining an injunction, also known as a restraining order. In this blog post, we will provide information about when an injunction can be granted during divorce or domestic violence situations, its benefits, how they work, and more.
What’s an Injunction?
An injunction is a type of court order that is used to prohibit or compel a specific action. Injunctions are often used to prevent someone from doing something that they are not supposed to do, or to require them to do something that they have been ordered to do. Injunctions can be issued by a state or federal court, and they are typically temporary orders that last for a specific period.
What Are the Benefits of Obtaining an Injunction?
Injunctions are a powerful tool used by courts to protect the rights of individuals and businesses. There are several benefits to obtaining an injunction, including:
- Protection from further harm. An injunction can stop the other party from continuing to harm you, whether that means physically harming you or damaging your property.
- Prevention of future damage. An injunction can also prevent the other party from doing further damage.
- Enforcement of your rights. If the other party violates the terms of the injunction, you can go back to court and ask for an enforcement action, which may include fines or even jail time.
- Quick relief. In some cases, an injunction can provide quick relief while you wait for a full trial on the merits of your case. This can be especially important if you are facing immediate harm or damage.
- Cost-effective. In some cases, an injunction may be less expensive and faster to obtain than a full trial on the merits of your case.
How Do Injunctions Work?
For an injunction to be granted, the person asking for it must show that they will suffer harm if the injunction is not granted. This can be difficult to prove, especially when the injunction is asking for something rather than preventing something.
Injunctions are often temporary orders, which means that they expire after a certain amount of time has passed or after a certain event has happened. In some cases, an injunction may become permanent if the person who was ordered to do something does not comply with the order.
When Can an Injunction Be Obtained During a Divorce or Domestic Violence Situation?
In divorce and domestic violence situations, an injunction may be obtained to protect the victim from the abuser. There are several different types of injunctions that may be available in these situations, including:
- Temporary Restraining Order (TRO): A TRO is a short-term order that is issued by a court to prevent violence or abuse. It is typically issued when there is an immediate danger of harm.
- Permanent Restraining Order (PRO): A PRO is a long-term order that can last for up to five years. It can be issued after a hearing in which the abuser has had an opportunity to defend themselves.
- Civil Protective Order: A civil protective order is a type of PRO that is available to victims of any type of abuse, not just domestic violence. It lasts for up to one year and can be renewed.
- Emergency Protective Order: An emergency protective order is like a TRO, but it can be obtained without going to court. It is typically issued by a law enforcement officer or a judge if there is an immediate risk of harm.
At Orshan, Spann & Fernandez-Mesa, our domestic violence lawyers in Miami-Dade have a long history of helping abuse victims protect themselves and their children. To learn more about our firm, and how we can help you, read our clients’ reviews.
Need help with a divorce and/or domestic violence situation? Call us at (305) 853-9161 or reach out to us online today to discuss your situation with our experienced divorce and domestic violence attorneys in Miami-Dade.