针对答辩人的禁令概述

佛罗里达保护禁令

An injunction (sometimes referred to as a restraining order) is a court order that tells one person to stay away from and not contact another person. 除非法院命令另有规定, 这意味着不能通过电话联系, 电子邮件, 短信, 信, 在人, 或者其他方法. An injunction can tell someone to stay away from the protected person's home, 车, 工作, and any other places that the court feels is necessary. 这 is done in civil court, not criminal court. So, the person who requests the injunction keeps the case going. An injunction does not ask the court to put the other person in jail, 但如果有人违反禁令, he or she may be arrested and face criminal charges.

I have been served with a notice of hearing and/or a temporary injunction, what do I do now?

If you have been served with a notice of an injunction hearing, please read the court order very 车efully because it tells you what you CAN AND CANNOT DO before your hearing.

You may wish to contact an attorney, or the clerk’s office in your jurisdiction. The 家事法庭办事处 cannot provide legal advice. 然而, to inform respondents (people who have received a notice of injunction hearing) about the injunction process, OFC创建了一个 宣传册 for respondents that discusses many important issues. 另外, the OFC has produced three videos available below that discuss the injunction process and what to expect at a domestic violence injunction hearing. These videos can provide additional information about what to expect while involved in the domestic violence process.

保护禁令指南

All court scenes are portrayals of hypothetical scenarios.

这 家庭暴力诉讼清单 was also created to accompany the videos above, and offers further information about the domestic violence process.

What are some potential consequences for a person who has a final injunction issued against them?

• 禁制令可能不需要接触, 有限的时间与孩子分享, 监督分时, 被告被要求离开住所, and/or pay support for the minor children and/or petitioner.
• 根据州和联邦法律, the respondent is prohibited from possessing firearms and ammunition.
• Law enforcement officers or anyone employed in a position that requires the use of weapons may be affected.
• The respondent’s current employment status or employment applications may be affected.
• 专业执照可能受到影响.
• 参军可能会受到影响.
• Admission to schools, colleges, and universities may be affected.
• Violation of a final injunction may affect a resident alien’s application for citizenship and may result in deportation if the respondent is not a citizen.
• Final injunctions are enforceable in all fifty states and all U.S. territories under the Full Faith and Credit Clause.
• Violation of a final injunction may result in arrest and charge of a first-degree misdemeanor for each violation with a maximum sentence of one year under Florida law.
• If the respondent stalks the petitioner who has an injunction against him or her, the respondent may be charged with aggravated stalking, 三级重罪.

我需要请律师吗?

If you can hire an attorney to represent you in this process, you may wish to do so. If you are considering hiring an attorney, you may want to visit the 佛罗里达酒吧网站 查阅有关律师转介的资料.

如果你请不起律师, you may wish to explore the assistance of 法律援助服务.

或者，你可以为自己辩护. If that is the case, you may consider visiting a 当地自助中心 or 法律图书馆. 

What if there is a criminal case related to this civil case?

If you are a respondent with a criminal charge or case about the same incident or a related incident, keep in mind that you have the right to not say anything at the injunction hearing. If you wish, you can agree to an injunction being entered without admitting the facts alleged. If you were arrested or if you have been notified that you have been charged with a crime, 那件案子将在刑事法庭审理. 如果你请不起律师, a public defender will be appointed to represent you in the criminal proceedings. 但, the hearing for an injunction is a civil hearing about an injunction for protection only, so a public defender will not be appointed to represent you in that hearing. The hearing is completely separate from any criminal case. You should know that the hearing will be recorded and the state attorney can obtain a copy of the recording. Anything that you say can and will be used against you in your criminal case. If you have questions about this, you should seek the advice of an attorney.