When your safety, peace of mind, or freedom is on the line, having the right legal protection can make all the difference. Whether you’re seeking protection from harassment or defending yourself against false allegations, the attorneys at McNary Law in Bradenton and Sarasota are here to help.
We understand how overwhelming it can be to navigate the legal system during such emotional times. Our team provides compassionate, strategic, and experienced guidance to protect what matters most—your rights and your future.
What Is an Injunction?
An injunction, commonly known as a restraining order, is a court order that legally prohibits a person from certain actions—typically contact or proximity to another person. In Florida, injunctions are powerful legal tools used to prevent acts of violence, harassment, stalking, or abuse. They can also be used defensively to contest unjustified or retaliatory claims.
There are different types of injunctions in Florida, each designed for specific situations. Knowing which type applies to your case—and how to obtain or fight one—is critical.
Types of Injunctions in Florida
Domestic Violence Injunction
Filed when there’s violence or threats between family or household members. These are the most common and often arise during or after breakups, separations, or divorces.
Dating Violence Injunction
Applies to individuals in a continuing romantic or intimate relationship within the past 6 months.
Repeat Violence Injunction
Used when there are at least two incidents of violence or stalking, one of which must have occurred within 6 months of filing the petition.
Sexual Violence Injunction
Applies when someone has been a victim of sexual battery, lewd acts, or other forcible felonies involving a sexual act.
Stalking and Cyberstalking Injunction
Designed to stop repeated unwanted attention or communication that causes emotional distress, whether in person or online.
Each type has different requirements, processes, and legal implications. An experienced injunction attorney in Bradenton or Sarasota can help determine the best course of action.
Who Can File an Injunction?
Any person who has been the victim of domestic violence or has reasonable cause to believe they are in imminent danger, can file. Additionally:
Parents may file on behalf of minor children.
A person can file based on sexual violence even if no charges were filed, as long as the incident was reported and cooperation with authorities is ongoing.
You do not need to be represented by an attorney, but having one significantly improves your chance of success and ensures your rights are protected.
How the Injunction Process Works
Filing the Petition – The process starts by filing a verified petition in circuit court.
Temporary Injunction – A judge may issue an ex parte temporary injunction valid for up to 15 days.
Hearing – A hearing is scheduled where both parties can present evidence.
Final Injunction – If granted, this can last for a specific time or indefinitely and includes restrictions like no contact, no firearms, and removal from a shared residence.
Violating an Injunction in Florida
Violation of an injunction is a criminal offense. Consequences may include:
Arrest without a warrant
Misdemeanor or felony charges
Jail time and/or fines
Potential impacts on child custody or family law matters
We often represent both petitioners (seeking protection) and respondents (defending against accusations). Having a knowledgeable criminal defense attorney or family law attorney from McNary Law can make a world of difference.
How Injunctions Affect Family Law and Criminal Cases
Injunctions frequently intersect with divorce, custody battles, domestic violence cases, and even DUI arrests. For example:
A domestic violence injunction may affect timesharing and parental responsibility.
A no-contact order can interfere with co-parenting arrangements.
A criminal charge tied to a violation may impact your ability to secure employment or housing.
At McNary Law, we take a holistic approach to each case—leveraging our experience in family law, criminal defense, and mediation to find creative, sustainable solutions.
Common Questions About Injunctions
Do I need a lawyer to file or respond to an injunction?
Technically, no. But having a skilled attorney in Sarasota or Bradenton ensures your paperwork is properly filed, evidence is organized, and your case is argued persuasively in court.
Can an injunction be modified or dismissed?
Yes. Either party may request a modification or dismissal. We can help present compelling evidence if circumstances have changed.
Will an injunction show up on a background check?
Yes. Even if it’s a civil injunction, it can impact background checks, firearm ownership, and your reputation.
What should I bring to the hearing?
Bring any relevant evidence—texts, emails, photos, witness statements—and work with an attorney to prepare your testimony and cross-examination strategy.
Why Choose McNary Law?
Our firm’s core values—honesty, compassion, accountability, and continuous self-improvement—guide everything we do. Whether you’re seeking protection or defending your reputation, we:
Listen with empathy and without judgment
Fight for your safety and legal rights
Offer transparent, strategic legal counsel
Represent clients across Bradenton, Sarasota, and surrounding areas
We understand the emotional weight of these cases and strive to resolve them with dignity and strength.
Let’s Talk About Your Case
If you’re facing the threat of violence, harassment, or wrongful accusations, don’t go through it alone. McNary Law is here to help you reclaim control and protect your future.
Click here to send us a message or call us today at 941-345-1662 to schedule a consultation.
